Complaint Limited 10K and 25KCal. Super. - 6th Dist.November 23, 2020\OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO E-FILED 11/23/2020 9:44 AM Christopher D. Mandarich SB 220693 Clerk 9f court Hayk Stambultsyan 313320973 Super'or Court 0f CA, Amber Swearingen-Ojuri SB324653 COunty Of santa Clara David C. McGaffey SB315632 ZOCV373897 MANDARICH LAW GROUP, LLP Reviewed By: R_ Tier, P.O. Box 109032 Chicago, IL 60610 Phone: 877.285.4918 Facsimile: 818.888.1260 Attorneysfor Plaintiff LWVVFunding LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED LVNV Funding LLC, Case No. 200v373897 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED Sheila J Patterson, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $17,433.00 Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, LVNV Funding LLC, and successor in interest t0 original creditor, Citibank, N.A.. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-off creditor at the time of charge-off is Citibank, N.A., 5800 South Corporate Place Sioux Falls, SD 57108, and the account number associated with this debt is XXXXXXXXXXXX5277. 4.The subj ect credit account has been purchased by the following entities after charge-off: Sherman Originator III LLC P.O. Box 10466 Greenville, SC 29603. Sherman Originator LLC P.O. Box 10466 Greenville, SC 29603. The subject credit account was transferred by Sherman Originator LLC t0 Plaintiff LVNV Funding LLC, who maintains an address at C/O Resurgent Capital Services LP P.O. Box 10466, Greenville SC 29603. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l 0f 5 \OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO 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 0f the debtor as they appeared in the charge-off creditor’s records prior t0 the sale 0f the debt is Sheila J Patterson, PO BOX 17813 , FORT WORTH, TX 76102-0000. 7.P1aintiff is unaware of the true names or capacities, whether individual, corporate, associate 0r 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.P1aintiff believes and at all times mentioned herein, each 0f the Defendant was, and is, the agent, servant and employee, employer 0f each 0f the other Defendant, and also acted in the capacity 0f and as agent 0f 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 of the Defendant's separate and/or community property. 9.P1aintiff believes that, for value received, Defendant and each of them, executed and delivered a credit card application t0 the original creditor, Citibank, N.A. 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, Citibank, N.A. provided Defendant with a credit account, and granted use privileges on the same, account number XXXXXXXXXXXX5277 (hereinafter “Account”). 10.Pri0r t0 the commencement of this action, the Account was assigned for value t0 the Plaintiff and Plaintiff is its current holder. 1 1.Defendant agreed t0 repay Citibank, N.A. and any successors in interest, for any charges 0n the Account including, but not limited to, charges for purchase of goods and service and/or cash advances and balance. 12.Defendant 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 t0 purchase goods and services COMPLAINT-2 0f 5 \OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO and/or take cash advances and/or make balance transfers, Defendant reaffirmed their agreement t0 repay Citibank, N.A. and its successors in interest for the amount of 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 0n the Account. 14.The date of last payment 0n the subject account was 0n March 22, 2018. 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 on the Account. 16.The debt balance at charge-off was $17,440.03, 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 $17,433.00. 18.A1though demand has been made upon said Defendant to pay said amount, no 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.Plaintiff has complied With California Civil Code Section 1788.52. 21.P1aintiff has attached hereto as Exhibit A and incorporated herein by reference a copy 0f Billing Statement provided to the Defendant while the account was active, demonstrating that the debt was incurred by the Defendant. 22.P1aintiff has attached hereto as Exhibit B and incorporated herein by reference a copy of the Final Billing Statement and/or Transaction History. 23.Up0n opening the Account with Citibank, N.A., the Defendant(s) agree t0 reimburse Citibank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection 0f amounts owing 0n the Account. Plaintiff has been required t0 retain Mandarich Law Group, LLP COMPLAINT-3 0f 5 \OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO t0 pursue collection of 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 $17,433.00 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.Plaintiff refers t0 and incorporates paragraphs 1 through 25. 27.Within the past 4 years, Defendant and each 0fthem 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 $17,433.00 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 0f 5 \OOOflQUl-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUl-hUJNHOKOOOQONUl-hWNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum of $17,433.00, 2. For costs 0f 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 of this Court. Dated: 11/17/2020 By: MANDARICH LAW GROUP, LLP QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl COMPLAINT-S 0f 5 EXHIBIT A C|T|® / AADVANTAGE® PLATINUM SELECT® CARD AmericanAirlines Cl’fi ‘ AAdvantage‘g SHEILA J PATTERSON Member Since 2015 Account number ending in: 5277 Billing Period:01/25/18-02/26/18 FEBRUARY STATEMENT Minimum payment due: $276.71 New balance as of 02/26/18: $17,624.26 Payment due date: 03/22/18 www.citicards.com Customer Service 1-888-766-CITI(2484) TTY-hearing-impaired services only 1-800-325-2865 BOX 6062 SIOUX FALLS, SD 57117 Your next AutoPay payment of $276.71 will be deducted from your bank account on 03/22/2018. Please note that the next AutoPay payment may be reduced if you have made additional payments or received any credits during the current billing cycle. Account Summary Late Payment Warning: If we do not receive your minimum payment by the previous balance $17,789.55 date listed above, you may have to pay a late fee of up to $35 and your APRS may be increased up to the variable Penalty APR of 29.99%. Payments '5266'00 Minimum Payment Warninq' If you make only the minimum payment each credits $000 period, you will pay more in interest and it will take you longer to pay off your PurChases +$O'OO balance. For example: Cash advances +5000 If ou make no additional You will a off the And ou will end u chgrges using this card balance Ehgwn on this anir¥g an estimatepd Fees +$O‘OO and each month you pay... statement in about... otal of... |nterest +$1oo,71 Only the minimum payment 30 year(s) $49,541 New balance 517'62426 $622 3 Year“) ($szazx'z%9gzs=$27,149) cred't L'm't. . . Revolvmg Credit IImIt $18,000 For information about credit counseling services, call 1-877-337-8187. Includes $3,900 cash advance limit M'a'i'ié't'il'é"F'éé'v'éiv'i'r'iij'é'r'éait """"""""""""""" é 3'7'5" Your Account is enrolled in AutoPay. OOOOOO PW OO A O w ....... AMERICAN AIRLINES AADVANTAGE® MILES AAdvantage® Miles Reported to American Airlines: O » See page 3 for more information about your rewards Minimum payment due $276.71 New balance $17,624.26 Payment due date 03/22/18 Amount enclosed: Account number ending in 5277 SHEILA J PATTERSON CITI CARDS PO BOX 17813 PO BOX 78045 FORT WORTH TX 76102-0813 Phoenix: AZ 85062'8045 www.citicards.com Customer Service 1-888-766-CITI(2484) Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 SHEILA J PATTERSON Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments 02/22 AUTOPAY OOOOOOOOOOBOB43RAUTOPAY $266.00 AUTO-PMT Fees charged Total fees charged in this billing period $0.00 Interest charged Date Description Amount 02/26 INTEREST CHARGED TO STANDARD ADV $95.83 02/26 INTEREST CHARGED TO STANDARD PURCH $4.88 $100.71Total interest charged in this billing period 2018 totals year-to-date Total fees charged in 2018 Total interest charged in 2018 $189.32 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: 33 f??.RQHAfiEfi _______________________________________________________________________________________________________________________________ Standard Purch 19.24% (V) $280.74 (D) $4 88 Offer 10 0,00% $13,516.05 (D) $0 oo (Balance Transfer Rate Expires 08/01/18) ADMANEE? _________________________________________________________________________________________________________________________________ standard Adv 26.49% (V) $4,001.22 (D) $95.83 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 Remember, any charges above your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date. AMERICAN AIRLINES AADVANTAG E® MILES REPORTED: 0 » Visit aa.com/aadvantaqe to redeem miles, book flights and much more American Airlines reserves the right to change the AAdvantage® program and its terms and conditions at any time without notice, and to end the AAdvantage® program with six months notice. Any such changes may affect your ability to use the awards or mileage credits that you have accumulated. Unless specified, AAdvantage miles earned through this promotion/offer do not count toward elite- status qualification or Million MilerSM status. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage program, visit www.aa.com/aadvantage American Airlines, AAdvantage and AAdvantage Million Miler are trademarks of American Airlines, Inc. EXHIBIT B C|T|® / AADVANTAGE® PLATINUM SELECT® CARD AmericanAirlinesGm ‘ AAdvantage‘g SHEILA J PATTERSON Member Since 2015 Account numberending in25277 Billing Period202/27/18-03/26/18 MARCH STATEMENT Minimum payment due: $261.00 New balance as of 03/26/18: $17,433.00 Payment due date: 04/22/18 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 $35 and your APRs may be increased up to the variable 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 You will pay off the And you will end up charges using this card balance shown on this paying an estimated and each month you pay... statement in about... total of... Only the minimum payment 3O year(s) $49,254 $22,392 $622 3 year(s) (Savings=$26,862) 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 I To download: Cltl Text 'App1s' to Mycm (692484) or go to your device's app store. Or visit www.cltlcards.com OOOOOO PW OO A O www.citicards.com Customer Service 1-888-766-C|T|(2484) TTY-hearing-impaired services only 1-800-325-2865 BOX 6062 SIOUX FALLS, SD 57117 Account Summary Previous balance $17,624.26 Payments $276.71 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$85.45 New balance $17,433.00 Credit Limit Revolving Credit limit $18,000 Includes $3,900 cash advance limit Available Revolving credit $567 O AMERICAN AIRLI N ES AADVANTAGE® MILES AAdvantage® Miles Reported to American Airlines: Mdmsg‘e . » See page 3 for more information about your rewards Please print Address Changeson the reverse side Minimum payment due $261.00 New balance $17,433.00 Payment due date 04/22/18 Amount enclosed: Account number ending in 5277 SHEILA J PATTERSON CITI CARDS PO BOX 17813 PO BOX 78045 FORT WORTH TX 76102-0813 Phoenix. AZ 85062'8045 www.citicards.com SHEILA J PATTERSON Account Summary Trans. Post date date Description Customer Service 1-888-766-C|T|(2484) Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 AMERICAN AIRLINES AADVANTAG E® MILES Payments, Credits and Adjustments 03/22 AUTOPAY OOOOOOOOOOSOS43RAUTOPAY AUTO-PMT Fees charged Total fees charged in this billing period Interest charged Amount REPORTED. 0 $276.71 » Visit aa.com/aadvantaqe to redeem miles, book flights and much more American Airlines reserves the right to change $0.00 the AAdvantage® program and its termsand conditions at any time without notice, and to end the AAdvantage® program with six months notice. Any such changes mayaffect your ability to use the awards or mileage Date Description Amount credits that you have accumulated. Unless specified, AAdvantage miles earned through 03/26 INTEREST CHARGED TO STANDARD ADV $81.31 this promotion/Offer do not count toward 03/26 INTEREST CHARGED TO STANDARD PURCH $4.14 elite- status qualification or Million MilerSM $85.45 status. American Airlines is not responsible forTotal interest charged in this billing period products or services offered by other participating companies. For complete details 2018 totals year-to-date about the AAdvantage program, visit www.aa.com/aadvantage Your Annual Percentage Rate (APR)is the annual interest rate on your account. Total fees charged in 2018 $0.00 American Airlines, AAdvantage and _ _ AAdvantage Million Miler are trademarks of Total Interest charged In 2018 $274.77 American Airlines Inc. Interest charge calculation Days in billing cyclezze Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 19.24% (V) $280.77 (D) $4.14 Offer 1o 0.00% $13,334.11 (D) $0.00 (Balance Transfer Rate Expires 08/01/18) ADVANCES Standard Adv 26.49% (V) $4,001.18 (D) $81.31 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 Remember, any charges above your revolving credit limit MUST BE PAID IN FULL by your statement's payment due date.
