Complaint Limited Up to 10KCal. Super. - 6th Dist.September 23, 2020\OOOflQUl-RUJNu-i NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-hUJNt-‘OKOOOQO‘xUl-bUJNHO E-FILED 9/23/2020 12:54 PM Christopher D. Mandarich SB 220693 Clerk 9f court Amy Marshall 33251531 Superlor Court of CA, Amber Swearingen-Ojuri SB324653 County Of Santa Clara David C. McGaffey SB3 15632 200v371 153 MANDARICH LAW GROUP, LLP Reviewed By: M Vu P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintifl: CA VALRY SPVI, LLC, ASASSIGNEE 0F CITIBANK, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED CAVALRY SPV I, LLC, AS ASSIGNEE OF Case N0. ZOCV371 153 CITIBANK, N.A., Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT ROBERT A SARAUW, an individual; and DOES 1 through 10 inclusive. Defendant DEMAND: $6,621.91 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A., and successor in interest to original creditor, Citibank, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 500 Summit Street Dr Suite 400 Valhalla NY 10595. 3.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4.The charge-off creditor at the time of charge-off is Citibank, N.A., 701 EAST 60TH STREET NORTH SIOUX FALLS, SD 571 17, and the account number associated With this debt is XXXXXXXXXXXX6452. 5.P1aintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 5 KOOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-hwwfi-‘OKOOONONUI-PWNHO Within the jurisdictional boundaries of the above entitled Court. Therefore, this Court is the proper Court for trial 0f this action. 6.The name and last known address of the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is ROBERT A SARAUW, 5630 STEVENS CREEK BLVD APT 357 APT 357, CUPERTINO, CA 95014-0000. 7.P1aintiff is unaware of the true names 0r capacities, Whether individual, corporate, associate or otherwise 0fthe Defendant sued herein as DOES 1 through 10 inclusive, and therefore, sued the Defendant by such fictitious names. PlaintiffWill amend this Complaint t0 show their true names and capacities once ascertained. 8.Plaintiff believes and at all times mentioned herein, each of the Defendant was, and is, the agent, servant and employee, employer of each of the other Defendant, and also acted in the capacity 0f and as agent of the other Defendant. Plaintiff also believes that the individual Defendant, and each 0f them, are jointly and severally liable that the actions described herein were taken as actions for the benefit 0f the Defendant's separate and/or community property. 9.Plaintiff believes that, for value received, Defendant and each 0f them, executed and delivered a credit card application t0 the original creditor, Citibank, N.A. 0r made such application over the telephone or Internet. Pursuant to the aforementioned application, Citibank, N.A. provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX6452 (hereinafter “Account”). 10.Pri0r t0 the commencement 0f this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank, NA. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase 0fgoods and service and/or cash advances and balance. 12.Defendant used the Account to make purchases and/or to take cash advances and/or t0 make balance transfers. Each time the Defendant used the Account t0 purchase goods and services COMPLAINT-2 of 5 KOOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-hwwfi-‘OKOOONONUI-PWNHO 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.Month1y statements were sent to Defendant Which itemized all payments made and charges due on the Account. 14.The date 0f last payment 0n the subject account was 0n July 30, 2019. 15.Within the last four years, the Defendant failed t0 make payments as agreed 0n the Account. Defendant has failed, refused and neglected to pay amounts due 0n the Account. 16.The debt balance at charge-off was $6,771.91, and upon information and belief there is $0.00 in post charge off fees and $0.00 in post charge off interest. 17.Subsequent t0 charge-off, and after applying any and all applicable payments and credits, the Defendant owes Plaintiff $6,621.91. 18.A1th0ugh demand has been made upon said Defendant to pay said amount, n0 part has been paid, and it is now due and owing. 19.Up0n information and belief, Citibank, N.A. and successors in interest including Plaintiff have duly performed all promises, conditions and agreements herein. 20.P1aintiff has complied with California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy of Billing Statement and/or Account Records provided to the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 22.Plaintiff has attached hereto as Exhibit B and incorporated herein by reference a copy 0f the Final Billing Statement and/or Transaction History. 23.Upon opening the Account With Citibank, N.A., the Defendant(s) agree to reimburse Citibank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection of amounts owing on the Account. Plaintiff has been required to retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 KOOOQQUl-bwwr-t NNNNNNNNNb-Ab-Ar-tr-tr-tr-Ar-Ar-Ab-Ab-A OOQONU‘I-hwwfi-‘OKOOONONUI-PWNHO to pursue collection 0f the amount due hereunder. FIRST CAUSE OF ACTION (Account Stated) 24.P1aintiff refers to and incorporates paragraphs 1 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 of $6,621 .91 has not been paid, and it is now due, owing and unpaid from Defendant to Plaintiff, as successor in interest. SECOND CAUSE OF ACTION (Open Book Account) 26.P1aintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0f them became indebted in the amount of 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 $6,621.91 has not been paid, and it is now due, owing and unpaid including attorney’s fees from Defendant to Plaintiff as successor in interest. COMPLAINT-4 of 5 \OOOflQUl-I>WI\J>- NNNNNNNNNr-tr-KHr-Kr-tr-tr-tr-tr-tr-t OOQQUl-PUJNF-‘OKDOOQONUl-hUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum 0f $6,621.91, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess of the jurisdictional amount 0f this Court. Dated: 09/21/2020 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 [X] David McGaffey, Esq. Attorneysfor Plaintifl” EXHIBIT A Citi ThankYou® Preferred Card ROBERT A SARAUW www.citicards.com Member Since 2014 Account number ending in: 6452 Customer Service 1-800-1-HANKyou(1-800-842-5595) Billing Period:04/14/18-05/14/18 MAY STATEMENT Minimum payment due: $134.67 New balance as of 05/14/18: $6,083.15 Payment due date: 06/10/18 Late Payment Warning: If we d0 not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 and your APRs may be increased up to the variable Penalty APR of 29.99%. Minimum Payment Warninq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer t0 pay off your balance. For example: If you make no additional You will pay off the And you will end up charges using this card balance shown on this Payingf.” an estimated and each month you pay. statement In about... otal of Only the minimum payment 20 year(s) $12,552 $7,524 $209 3 year(s) (Savings=$5.028) For information about credit counseling services, call 1-877-337-8187. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online _ To download: Cltl Text 'Appis- to Mycm (692484) or go to your device's app store. Or visit www.clticards.com OOOOOO PW OO A O TTY-hearing-impaired services only 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Previous balance $6,331.14 Payments -$295.66 Credits -$27.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$74.67 New balance $6,083.15 Credit Limit Revolving Credit limit $6,490 Includes $0 cash advance limit Available Revolving credit $406 thankyfgg Cltl Total ThankYou Member Available Point Balance: 4,502 as of 04/30/18 » See page 3 for more Information about your rewards. Please printAddress Changeson the reverse side Minimum payment due $134.67 New balance $6,083.15 Payment due date 06/10/18 Amount enclosed: Account number ending in 6452 ROBERT A SARAUW CITI CARDS 5630 STEVENS CREEK BLVD PO BQX 78045 APT 357 Phoenix, AZ 85062-8045 CUPERTINO CA 95014-7617 www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) TTY-hearing-impaired services only 1-877-693-0218 ROBERT A SARAUW Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments ______________________94/19_____PAYMFNT.THANM99.____________________________________________________________$__2___9§:§§ ______________________94/‘3REFUNDLATEFEE$27OO Fees charged Date Description Amount 65211 """"""MEMBERSHIPFEEMAY18APR19sooo Total fees charged In thls bllllnq period 50-00 Interest charged Date Description Amount 6571'2i""'"'""'iN'fé'rééé'fEHA'r'éé'E'b"fbfi'flxfibkl'ré674'b'i} """"""""""""""""""""""""""""" é636 6571i""'"'""'iN'fé'rééé'f'6H'A'r'e'ééb"fb"é'fANb'A'rébBLIfiééH """""""""""""""""""""""" 521's"? $74.67Total interest charged in this billing period 2018 totals year-to-date Total fees charged in 2018 $0.00 Total interest charged in 2018 $372.87 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percenta e Balance subject rate (AP ) to interest rate Interest charge Days in billing cycle:31 EPRFEHAfiEfi _______________________________________________________________________________________________________________________________ Standard Purch 14.49% (V) $6,059.17 (D) $74.57 ADYANQEfi _________________________________________________________________________________________________________________________________ Standard Adv 26.74% (V) $4.56 (D) $0.10 Your Annual Percentage Rate (APR) is the annual interest rate 0n your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Remember, any charges above your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date. You're an important Citibank customer with multiple accounts, so we're pleased to introduce Citi Client First - which allows you to manage all of your accounts with a single phone call. An Account Specialist is here to listen and help. A|| you have to do is call! Please contact us Monday - Friday 7:00AM - 10:00PM; Saturday 7:00AM - 7:00PM; Sunday 8:00AM - 7:00PM Central time at 1-866-680-8625 to speak with an Account Specialist for more information. ma mm»thankyouemufrom Member ID: 8910231337034048 ThankYou Points Earned This Period 2X on Dining O 2X on Entertainment O 1x on Other Purchases O Total Earned 0 » Visit thankyou.com to redeem points or see full rewards details. Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Page 2 of 2 EXHIBIT B Citi ThankYou® Preferred Card ROBERT A SARAUW Member Since 2014 Account numberending in26452 Billing Periodz10/13/18-11/14/18 NOVEMBER STATEMENT Minimum payment due: $1,490.34 New balance as of 11/14/18: $6,771.91 Payment due date: 12/10/18 See.the last pa e of this statement for important information about how to aVOId paying In erest on purchases. Late Payment Warninqzlf we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $37 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninqzlf you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... And you will end up paying an estimated total of... You will pay off the balance shown on this statement in about... Only the minimum payment 19 year(s) $12,652 For information about credit counseling services, call 1-877-337-8188. OOOOOO PW 32 A O ROBERT A SARAUW 5630 STEVENS CREEK BLVD APT 357 CUPERTINO CA 95014-7617 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online I To download: Cltl Text 'App1s' to Mycm (692484) or go to your device's app store. Or visit www.cltlcards.com www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) TTY-hearing-impaired services only 1-877-693-0218 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $1013.82 and an overlimit amount of $281.91. Account Summary Previous balance $6,644.30 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$37.00 Interest +$90.61 New balance $6,771.91 Credit Limit Revolving Credit limit $6,490 Includes $0 cash advance limit Please print Address Changeson the reverse side Minimum payment due New balance Payment due date Amount enclosed: $1,490.34 $6,771.91 12/10/18 Account number ending in 6452 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) Page 2 of 2 TTY-hearing-impaired services only 1-877-693-0218 ROBERT A SARAUW Account Summary Trans. Post date date Description Amount Fees charged Date Description Amount 11/14 LATE FEE - OCT PAYMENT PAST DUE $37.00 $37.00Total fees charged in this billing period Interest charged Date Description Amount 11/14 INTEREST CHARGED TO STANDARD PURCH $90.61 $90.61Total interest charged in this billing period 2018 totals year-to-date Total fees charged in 2018 $212.00 Total interest charged in 2018 $849.63 Interest charge calculation Days in billing cyclezss Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 14.99% (v) $6,685.36 (D) $90.61 ADVANCES standard Adv 27.24% (V) $2.80 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. ©2018 Citibank, N.A. Citi, Citi with Arc Design, Citi ThankYou, ThankYou and Citi ThankYou Rewards Design are registered service marks of Citigroup Inc.