Complaint Limited Up to 10KCal. Super. - 6th Dist.November 4, 2020E-FILED 11/4/2020 11:17 AM Clerk of Court Superior Court of CA, County of Santa Clara 20CV373036 Reviewed By: D Harris 20CV373036 \Dmuamgmm... Matthew W. Quail, #1 83759 Ranjeet K. Brar, #297142 Tiffany A. Pack, #323 159 Claudia Yvette Case, #32821 2 Ingrid V. Caero, #3 17349 Quall Cardot LLP 205 East River Park CirCle, Suite #1 10 Fresno, California 93720 (888) 289-1231 Phone (559) 418-0330 Fax Attorneys for Plaintiff CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Santa Clara CAVALRY SPV I, LLG, Case No. Plaintifi‘, Limited Civil Case v. COMPLAINT FOR COMMON COUNTS VANNA O 'CHAO , an individual; and 1. Account. Stated DOES 1 through 100, inclusive, 2. Open Book Defendants. Demand Amount: $1,406.80 BACKGROUND ALLEGATIONS- I. At all times herein mentioned, Plaintiff was, and now is, .a' limited liability company With its principal plaCe of business located in Valhalla, New York, and at all times mentiOned herein, was, and now is, authorized to do business in the State of California. 2, Plaintiff is ignorant ofthe true names and capacities ofDefendants sued herein as DOES 1 through 50,. inclusive, and therefore sues these Defendants by fictitic‘ms names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and: on that basis, alleges that each ofthese fictitiously named Defendants is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff’s damages and injuries were proximately caused by the acts or omissions ofthese Defendants. 3. Plaintiff knows the identities of DOES 51 through 100,, inclusive, believes they Complaint for Common Counts - 1 - OWQQMhbJN-d NNNNNNNNt-I-Iv-u-a-t-y-t-a-a- gflGUI-huNHOOOOQOsM-thD-‘O have damaged it, but is unaware of their capacity or conduct as described in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave to amend the Complaint when it has knowledge of facts indicating the true nature of their capacity and conduct in the events described in this Complaint. 4. At all times mentioned in this Complaint, each Defendant was the agent, servant, and/or employee of each of the remaining Defendants and was, in doing the things complained of, within the scope ofhis, her, or its agency and employment, and acting with full knowledge or subsequent ratification of his, her, or its principals or employees. 5. Defendants, and each of them, reside in this Judicial District. The account herein described was entered into and/or performed in this Judicial District such that this Judicial District is the proper venue for this action. (California Code of Civil Procedure section 395.) The obligation sued upon is not subject to the provisions ofCalifornia Civil Code section 2984.4, nor California Civil Code section 1812.10. 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged-ofi' consumer debt for collection purposes, as defined in California Civil Code section 1788.50, subdivision (a)(l). The nature of the underlying debt and transaction which forms the basis for this complaint stems from the issuance of credit on an account Defendant(s) held with Citibank, N.A. account number ending in 2914 (hereinafier referred to as the “Account”), and Defendant(s)’ failure to pay the balance due on the Account, resulting in a default on the Account by Defendant(s). 7. Plaintiff is the sole owner ofthe Account which forms the basis for this Complaint. 8. As of 12/09/2019, the date the Account was charged off by Citibank, N.A., the balance on the Account was $1 ,406.80. 9. The last payment on the Account by Defendant(s) was 05/07/2019. 10. At the time the Account was charged-off, the name and address of the charge-ofi' creditor and the charge-ofl' creditor’s account number associated with the Account was: Citibank, N.A. BOX 6500 SIOUX FALLS, SD 571 l7, account number ending in 2914. Complaint for Common Counts - 2 - \OOOQQUI-hUJNo-t NNNNNNNNNu-t-ay-fl-a-a-nt-A-u OOQOM-hWNHOWOOQQUIAwN-‘O l 1. The name and lastknown address ofthe Defendant(s) as they appeared in Citibank, N.A.’s records prior to the sale ofthe Account was VANNA O CHAO 2805 BUNKER CT SAN JOSE, CA 95121 0000. 12. The names and addresses of all persons or entities that purchased the Account afier charge-off, including Plaintiff are as follows: Cavalry SPV I, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies of the chain of title reflecting the purchasers of the Account up through and including Plaintifl‘ are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit l.) All rights, title, and interest in the Account, which is the subject ofthe lawsuit were assigned to Plaintiff. l3. Plaintifi'has complied With California Civil Code section 1788.52. 14. A true and correct copy of a contract or other document described in subdivision (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE 0F ACTION (Account Stated) 15. Plaintiff alleges each and every allegation contained in the Backgotmd Allegations, and incorporates them by this reference as though set forth in fill]. 16. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of$1,406.80. 17. Defendant(s)’ last payment was made on 05/07/2019. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. 19. Therefore, Defendant(s), and each ofthem are in default in the sum of $1,406.80. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,406.80. 21 . No part of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid fi'om said Defendant(s), and each of them, to Plaintiff, said amount. Complaint for Common Counts - 3 - SECOND CAUSE 0F ACTION (Open Book) 22. Plaintifi allegw each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in full. 23. Within four (4) years last past, Defendant(s), and each of them, became indebted to Citibank, N.A. on an open book account for money due in the sum of 31 least $1,406.80. Although demand therefore has been made, said Defendant(s), and each ofthem, have failed and refused to pay said agreed balance, There is now due, owing and unpaid fi'om said Defendant(s), ©00QGLA$UJN 10 ll 12 l3 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 and each ofthem, the sum of $1,406.80. 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,406.80. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES 0F ACTION: 1. For the charged-offbalance of $1,406.80; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: OCT 2 9 2020 QUALL CARDOT LLP By lié’ [ ] Matthew W. Quall ] Ran'eet K. Brar ] Ti any A. Pack ] Claudia Yvette CaseH- Ingrid V. Caero Attorneys for Plaintifi‘ CAVALRY SPV I, LLC Complaint for Common Counts EXHIBIT ”1” Contact ID: CV8MUMAA021819 Document ID: CV8MUMAA022119m Document ID: 0| 1420CV1MU3FMGI AFFIDAVIT OF SALE 0F ACCOUNT State olesso‘u-i CountyofPlatte Gary Goldberg, being duly sworn, deposes and says: I am an authorized employee of Citibank, N.A. (“CBNA”) located at 5800 South Corporate Place, Sioux Falls. SD 57108 am authorized to make the statements and representations herein and I am over 18 years of age. In this position, Ihave access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage ofbusiness records. 0n or about January 24, 2020, CBNA sold a pool of charged-off accounts (the AccountS) by a Master Purchase and Sale Ayeement dated February 18, 2019 and Addendum No. 2 dated February 21, 2019, to Cavalry SPV I, LLC. As part of the sale ofthe Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course ofbusiness of creditor. Iam not aware of any errors in the informationprovided aboutme Accounts. The above statements arc true to the best ofmy knowledge. Signedthis 221A dayof/Jgg “w. Gary mdbeIg K Swombeforemcthis 2"] dayof SAn . £030 CAROLYN E. HUGHES E i 'E "5 Notary Public - Notary Seal Sble of Missouri, Jackson Coumy ' . Commission #14927304 Notary Publxc My Commission Expires Jan 26. 2022 (Notary Seal) My Commission Expirw:-m awaywm 1 ComraotD: CV8MUMAA021819 Document fl): CV8M'UMAA022119C2 Document H3: 01 1420CV1MU3FMGI CERTIFICATE 0F CONFORMTY STATE 0F MISSOURI CITY 0F KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in me State of Missouri and is a residentofWCounty, in the State of mssoum ; that hc/shc is a person duly qualified to make this certificate of conformity pursuant to the laws of me State of Missouri; that the foregoing acknowledgnent by Gary Goldberg named in the foregoing instrument taken before mam , a Notary in the State of Missouri, was taken in flxe manner prescribed by such laws of the State of Missouri, being the State in which it was taken; and that it duly conforms with such laws and is in a1] mpects valid and effective in such state. um AM Date Attomej at‘Lan Cavaky 021819 2 Conmt ID: CV8MUMAA021819 Document ID: CV8MUMAA0221 19C2 Doeulmnt D: 01 1420CV1MU3FMBI BILL 0F SALE AND ASSIGNLENT THIS BILL OF SALE AND ASSIGNMENT dated January 24, 2020, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I. LLC, mganiud under the laws of the State of Delaware, with its headquarters/principal place of business at 500 Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("Buyer"). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated February 18. 2019 and Addendum No. 2 dated February 21. 2019, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell. assign. convey, grant, bargain. set over and deliver to Buyer. and to Buyer's successors and assim, the Accounts desoribed in Exhibit 1 to the Addendum and the final electmm'c file. Citibank, N.A. By: (S' ature) Name: q“ Title: Authorized Party Cavalrymm 1 ContractID: CV8MUMAA021819Dom m: CV8MUMAA022119C2 DocunmtlD: 011420CV1MU3FMA1 Exhibitl TheindividualAccmmmxfmdmdesaibedmthefimldecumicfilemddeflvued byfieBanktoBuyemhenmedeemodauwhedhcretobydfisrefmce. #a Lot Sale ID Accoulm Sale Balance Cut-Ofl Date Brands omzocvmuam r- 1/14/2020 mull FIow MMIMD EXHIBIT ”2” Citi® Diamond Preferred® Card VANNA O CHAO Member Since 2015 Account number ending in: 2914 Billing Period:04/09/19-05I08I19 MAY STATEMENT Mlnlmum payment due: $67.03 New balance as of 05/08/19: $1,010.76 Payment due date: 06/06/19 See the back of thls statement for Important lnformallon about how to avoid paylng Interest on purchases. Lat. Paymont Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39 and your APRs may be increased up to the Penalty APR of 29.99%. Mlnlmum Payment Wamlnqflf you make only the minimum payment each period, you wm pay more in interest and it will take you longer to pay off your balance. For example: If you make no addltlonal You will pay off tho And you wlll end up charges using this card balance shown on this raving an estlmated and each month you pay... statement In about... otal f... Only the minimum payment 6 year(s) $1,783 For information about credit counseling services. call 1-817-337-8187. www.cltlcards.com Customer Sorvlco 1-800-823-4086 TTY-hearinq-lmpalred services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 You are over your credit limit. Please pay at least the minimum payment due, which includes an overlimit amount of $10.76. Account Summary Previous balance $946.86 Payments $50.00 Credits -$0.00 Purchases +$67.63 Cash advances +$0.00 Fees +$27.04 Interest +$19.23 Now balance $1,010.76 Credlt lelt Credit limit $1,000 Includes $300 cash advance llmlt Savings Spotlight Your Dlamond Preferred Llietlme Savings: (-27» ;_.-.. é sfiaEs V > A&E‘E‘Eé‘fiavi’emur . Savings Summary. ' Ply your blll trom virtually anywhere mmmum payment dug $67.03 with flu cltl Mobllo' App and cm” Onllno T d I d New balance $1,010.76 O Own 03 2 cm" Text'Appis'to Mycnumuo Payment due date 06/06/19 or go to your device's app store. 0r visit m.fiflclrlsfioln Amount enclosed: 000000 MC 00 A o Account number ending in 2914 VANNA o CHAo C|T| CARDS 2805 BUNKER CT PO BOX 78045 SAN JOSE CA 951214629 Phoenix, AZ 85062-8045 m.cltlcards.com Custom» $0M» 1-800-823-4086 Page 2 of 3 TTY-hearing-impaired services only 1-800-325-2865 VANNA 0 CHAO Account Summary Trans. Post date date Description Amount Payments. Credits and Adjustmcnts 05/07 PAYMENT THANK YOU -$50.00 standard Purchases 04/15 04/15 CHEVRON 0092620 SAN JOSE CA $67.63 Fees Charged Date Descrlptlon Amount 05/08 LATE FEE - APR PAYMENT PAST DUE $27.04 Total hos charged In this bllllnq period 527-04 Interest Charqed Date Description Amount 05/08 INTEREST CHARGED TO STANDARD PURCH $19.23 $19.23Total Interest charged In this billing perlod 2019 totals year-to-date Total hos charged In 2019 Total Interest charged in 2019 $27.04 $89.99 Interest charge calculation Days In mmnq cyclezao Yaw Annual Pcrconuqo Rue (APRNs the annual Interest rate__qr_1_y3ur account. Annual porcentaae Balance subject rue (AP ) to ht t rate Standard Purch 23.24% (V) $1,006.32 (D) 3:923 ADVANCES Standard Adv 27.49% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) ls the annual Interest rate on your account. APRs followed by (V) may vary. Balances folrowed by (D) are determined by the dally balance method (Including current transactions). Account messages Important Information As a reminder. please refer to the back of your statement for details on how to avoid paying interest on purchases. Please contact Customer Service if you have any questions. Savings Spotlight Your Citi° Diamond Preferred° Savings Summary Cit! Diamond Preferred Lifetime Savings ‘ I Interest: $178.55 ‘ CIT! DIAMOND PREFERRED LlFETlME SAVINGS: $178.55 See Account Messages for more information about Savings Spotlight Citi Easy Deals“ ESTo find out your current tlgfr: r r ‘yisit citiea'sydeals.com 'of éall'ihg‘" ' :finumber provided above. ' Deals you can access, by tier: Minimum Annual Purchases: $0.00 Coupons for Iocai dining and shopping Enhanced Tier I Mlnlmum Annual Purchases: $100 I Base tier benefn I Plus deals on gift cards and magazines Plus Tier l Mlnlmum Annual Purchases: $500 l Base and Enhanced tier benefits I Plus deals on merchandise, travel and daily deals n For complete details, go to cltleasydeals.com m.citlcards.com Custmr Sorvlco 1-800-823-4086 TTY-hearlng-impaired services only 1-800-325-2865 VANNA o CHAO SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have estimated your savings. This savings is the difference between the interest that was assessed against the promotional balances using the promotional APRs and the estimated interest that would have been assessed against these same balances using the Enhanced Purchase APRs. This savings amount does not include any balance transfer fees. This savings is from your billing period covered by this statement. CITI EASY DEALS: If you made a urchase on Citi Easy Deals, your savings is the difference between the retai price and the price you paid. This savings is from the prior calendar month. CITI PRICE REWIND: If you received a Citi Price Rewind refund, savings is the refunded amount. This savings is from the prior calendar month. CITI DIAMOND PREFERRED LIFETIME SAVINGS: The savin s from interest, Citi Easy Deals and Citi Price Rewind since you became a Citi iamond Preferred cardmember. This savings amount does not include any balance transfer fees. If we need to contact you about your account, our records show your phone number(s) as 408-813-3949 (home), 650-969-0800 (work), 408-813-3949 (mobile). If this information isn't correct, please call the customer service number on the back of your card or update it online at www.citicards.com. Please be sure to pa on time. If you submit your payment by mail, we suggest you wail it no later t an 05/30/2019 to allow enough time for regular mall to reac us. ©2018 Citibank. N.A. Citi, Citi with Arc Design are registered service marks of Citigroup Inc. Page 3 of 3
