Complaint Limited 10K and 25K

Cal. 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 ZOCV373898 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 N0. 20CV373898 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED Adrian Rubio, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $10,193.31 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, Synchrony Bank. 2.P1aintiff is a debt buyer, and is the sole owner 0f the debt at issue. 3.The charge-Off creditor at the time 0f charge-off is Synchrony Bank, P.O. Box 105972 Atlanta, GA 30348, and the account number associated with this debt is XXXXXXXXXXXX3 627. 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 Adrian Rubio, 1621 BENNINGTON CT , SALINAS, CA 93906-4903. 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, Synchrony Bank or made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, Synchrony Bank provided Defendant with a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX3627 (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. 11.Defendant agreed t0 repay Synchrony Bank and any successors in interest, for any charges on 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 Synchrony Bank 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 June 1, 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 $10,23 1 .34, 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 $10,193.?) 1. 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, Synchrony Bank 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 Synchrony Bank, the Defendant(s) agree to reimburse Synchrony Bank, 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, COMPLAINT-3 0f 5 \OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO LLP t0 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 $10,193.31 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 Synchrony Bank. Although demand has been made upon Defendant, said amount 0f $10,193.31 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 $10,193.31, 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 COMPLAINT-S 0f 5 QMM [X] Christopher D. Mandarich, Esq. Attorneysfor Plaintifl EXHIBIT A ADRIAN D RUBIO Account Number: Visit us at walmart.com/credit 3627 Customer Service: 1-866-31 4-9507 Previous Balance $9,960.25 - Payments $1 594.00 + Purchases/Debits $1 594.00 + Fees Charged $38.00 + Interest Charges $195.09 New Balance $10,193.34 Credit Limit $4,500 Available Credit $0.00 Cash Advance/Quick Cash Limit $900 Available Cash $0.00 Statement Closing Date 06/08/2018 Days in Billing Cycle 29 'New Balance $1 0,1 93.34 Amount Past Due $1 594.00 Total Minimum Payment Due $1 ,930.00 Overlimit Amount $5,693.34 Payment Due Date 07/02/2018 Late Payment Warning:lf we do not receive your Total Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $38.00. Minimum Payment Warning: If 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: Only the minimum payment 21 years $25,487.00 If you would like information about services, call 1-877-302-8775. credit counseling Earned thls Statement 3% Earned on Walmart.com $0.00 2% Earned on Fuel* $0.00 1% Earned on Other Purchases $0.00 Total Earned this Siatement $0.00 Redeemed this Statement $0.00 *Walmart and Murphy USA stations only Earn rewards on everyday purchases with your Walmart Mastercard! PAYMENT DUE BY 5 P.M. (ET! ON THE DUE DATE. NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 WGH l 7 7 180608 EXPAGE l of 3 1136 1400 A403 OlDT5404 Detach and mail this portion with your check. Do not include any correspondence with your check. \§ Account Number 3627 ‘ I yflé%» Save money. Lave better. \\\\ $1 ,930.00 $1 ,594.00 07/02/201 8 $5,693.34 $1 0,193.34 Payment Enclosed: Please use blue or black ink. ADRIAN D RUBIO 1621 BENNINGTON CT SALINAS CA 93906-4903 New address or email? Print changes on back. Make Payment To: WALMART MASTERCARD/SYNCB PO BOX 960024 ORLAN DO, FL 32896-0024 Tran Post Date Date Reference Number Description of Transaction or Credit Amount 06/01 06/01 F1 1 3600H8000HGDDA AUTOMATIC PAYMENT - THANK YOU ($1 594.00) 06/01 06/01 F1 1 3600HDOOOQSOO1 ADJUSTMENT-PAYMENTS $1 594.00 FEES 06/02 06/02 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 06/08 06/08 INTEREST CHARGE ON PURCHASES $195.09 06/08 06/08 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $195.09 Total Fees Charged in 2018 Total Interest Charged in 2018 $1 062.66 Total Interest Paid in 2018 $0.00 $228.00 our nnua ercentage ate( Type of Balance )ISt e annua Interest rate 0n yOUI' aCCOunt. Expiration Date Annual Percentage Balance Subject To Interest Charge Rate Interest Rate Regular Purchases NA 24.40%(v) $1 0,063.22 $1 95.09 Cash Advances NA 27.40%(v) $0.00 $0.00 Variable rate(V) If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. Please note that Cashier Checks and Loan Transfer Checks are not acceptable forms of tender when making your payment in Sam's Club® or Walmart®. 5404 WGH l 7 7 180608 EXPAGE 2 of 3 1136 1400 A403 OlDT5404 5404 WGH l 7 7 180608 EXPAGE 3 of 3 1136 1400 A403 OlDT5404 EXHIBIT B ADRIAN D RUBIO Visit us at walmart.com/credit Account Number:-627 Customer Service: 1-866-31 4-9507 Previous Balance $9,960.25 VNew Balance $1 0,193.34 - Payments $1 594.00 Amount Past Due $1 594.00 + Purchases/Debits $1 594.00 Total Minimum Payment Due $1 ,930.00 + Fees Charged $38.00 Overlimit Amount $5,693.34 + Interest Charges $195.09 Payment Due Date 07/02/2018 New Balance $10,193.34 Late Payment Warning:lf we do not receive your Total Credit Limit $4,500 Minimum Payment Due by the Payment Due Date listed Available Credit $000 ab_0\_/e, you may have to pay_a late fee up to $38.00. I I Cash Advance/Quick Cash Limit $900 M'mmum Pawn?” warm.” 'f y°” ".‘alfe °“'y the "T'n'mu'" Available Cash $0.00 payment each period, you wnll pay more In Interest and It wnll Statement Closing Date 06/08/201 8 take you longer to pay off your balance. For example: Days in Billing Cycle 29 Only the minimum 21 years $25,487.00 payment If you would like information about credit counseling services, call 1-877-302-8775. Earned thls Statement 3% Earned on Walmart.com $0.00 2% Earned on Fuel* $0.00 Earn rewards on everyday purchases 1% Earned on Other Purchases $0.00 with your Walmart Mastercard! Total Earned this Siatement $0.00 Redeemed this Statement $0.00 *Walmart and Murphy USA stations only PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE. NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 WGH 1 7 7 180608 E x pAGE 1 of 3 1136 1400 A403 01DT5404 Detach and mail this portion with your check. Do not include any correspondence with your check. % é// Account Number 3627‘ I yflé%» Save money. Lave better. \§ \\\\ $1 ,930.00 $1 ,594.00 07/02/201 8 $5,693.34 $1 0,193.34 Payment Enclosed: Please use blue or black ink. ADRIAN D RUBIO 1621 BENNINGTON CT SALINAS CA 93906-4903 New address or email? Print changes on back. Make Payment To: WALMART MASTERCARD/SYNCB PO BOX 960024 ORLAN DO, FL 32896-0024 Tran Post Date Date Reference Number Description of Transaction or Credit Amount 06/01 06/01 F1 1 3600H8000HGDDA AUTOMATIC PAYMENT - THANK YOU ($1 594.00) 06/01 06/01 F1 1 3600HDOOOQSOO1 ADJUSTMENT-PAYMENTS $1 594.00 FEES 06/02 06/02 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 06/08 06/08 INTEREST CHARGE ON PURCHASES $195.09 06/08 06/08 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $195.09 Total Fees Charged in 2018 Total Interest Charged in 2018 $1 062.66 Total Interest Paid in 2018 $0.00 $228.00 our nnua ercentage ate( Type of Balance )ISt e annua Interest rate 0n yOUI' aCCOunt. Expiration Date Annual Percentage Balance Subject To Interest Charge Rate Interest Rate Regular Purchases NA 24.40%(v) $1 0,063.22 $1 95.09 Cash Advances NA 27.40%(v) $0.00 $0.00 Variable rate(V) If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. Please note that Cashier Checks and Loan Transfer Checks are not acceptable forms of tender when making your payment in Sam's Club® or Walmart®. 5404 WGH l 7 7 180608 EXPAGE 2 of 3 1136 1400 A403 OlDT5404 5404 WGH l 7 7 180608 EXPAGE 3 of 3 1136 1400 A403 OlDT5404