Complaint Limited Filed by Assignee 5KCal. 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 9:45 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 ZOCV373900 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, 20CV373900 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED Kim Campbell, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $2,442.21 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, Credit One Bank, 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 Credit One Bank, N.A., P.O. BOX 98873 Las Vegas, NV 89193, and the account number associated with this debt is XXXXXXXXXXXX73 80. 4.The subj ect credit account has been purchased by the following entities after charge-off: MHC Receivables, LLC and FNBM, LLC 6801 S. Cimarron Road Suite 423-E Las Vegas, NV 891 13. 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.P1aintiff 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 Kim Campbell, 2374 VARGAS PL , SANTA CLARA, CA 95050-3335. 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, Credit One Bank, N.A. 0r made such application over the telephone 0r Internet. Pursuant t0 the aforementioned application, Credit One Bank, N.A. provided Defendant With a credit account, and granted use privileges 0n the same, account number XXXXXXXXXXXX7380 (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 Credit One Bank, N.A. and any successors in interest, for any charges on the Account including, but not limited to, charges for purchase ofgoods 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 Credit One Bank, 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 0n the Account. 14.The date of last payment 0n the subject account was 0n May 29, 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-offwas $2,442.21, 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 $2,442.21. 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, Credit One Bank, 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 Credit One Bank, N.A., the Defendant(s) agree t0 reimburse Credit One Bank, N.A., and hence Plaintiff as successor in interest for the costs related t0 the collection 0f amounts owing 0n the Account. Plaintiffhas been required t0 retain Mandarich COMPLAINT-3 0f 5 \OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO Law Group, LLP to 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 0f $2,442.21 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 Credit One Bank, N.A.. Although demand has been made upon Defendant, said amount of $2,442.21 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 $2,442.21, 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 CREDIT ONE BANK Account Numbe ATEMENT 7380 May 03, 2018 to June 02, 2018 PAYMENT INFORMATIONSUMMARY OF ACCOUNT ACTIVITY Previous Balance $1 ,628.70 Payments - $82.00 Other Credits - $0.00 Purchases + $1 5.59 Cash Advances + $0.00 Fees Charged + $43.25 Interest Charged + $33.61 New Balance $1 ,639.15 Credit Limit $1 ,650.00 Available Credit $1 0.00 Statement Closing Date 06/02/18 Days in Billing Cycle 31 New Balance $1 ,639.15 Past Due Amount $0.00 Amount Due This Period $1 17.00 Minimum Payment Due $117.00 Payment Due Date 06I27I18 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35. 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. QUESTIONS? Call Customer Service or Report a Lost or Stolen Credit Card Outside the U.S. Call 1-877-825-3242 1-702-405-2042 Please send billing inquiries and correspondence to: P.O. Box 98873, Las Vegas, NV 89193-8873 For example: If you make no You will pay off the And you will additional charges balance shown on end up paying using this card and the statement in an estimated each month you pay... about... total of... Only the minimum payment 6 years $2,61 9.00 $66.00 3 years $2,359.00 (Savings: $260.00) If you would like a location for credit counseling services, call 1-866-515-5720. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount 74071 93H600XTMJ LS 05/29 05/29 INTERNET PAYMENT LAS VEGAS NV -82.00 06/02 06/02 CREDIT PROTECT 1 866 803 1745 15.59 Fees F572700H80000YLAC 06/02 06/02 ANNUAL FEE 07/18 THROUGH 07/18 8.25 06/02 06/02 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 Interest Charged 06/02 06/02 Interest Charge on Purchases 33.61 06/02 06/02 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 33.61 2018 Totals Year-to-Date Total fees charged in 201 8 $1 44.50 Total interest charged in 2018 $196.61 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 25.40%(v) $1 ,587.56 $33.61 Cash Advances 25.40%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 2 180601 o PAGE1 of1 2 o 5727 9620 M115 01505335 Please return this portion with your payment, and write your account number on your check, made payable to CREDIT ONE BANK ‘ ,,»m»»zz«sg§ Crgeqiggwggw For address, telephone and email changes, please complete the reverse side. Or, update your contact information online at www.CreditOneBank.com. CREDIT ONE BANK PO BOX 60500 CITY OF INDUSTRY CA 9171 6-0500 PAYYOUR BILL ONLINE at CreditOneBank.com Account Number: - 7380 New Balance: $1 ,639.15 Minimum Payment Due: $1 17.00 Payment Due Date: 06/27/18 AMOUNT ENCLOSED: s KIM CAMPBELL 2374 VARGAS PL SANTA CLARA CA 95050-3335 EXHIBIT B CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 4447 9624 1938 7380 December 03, 2018 to January 02, 2019 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $2,353.74 New Balance $2,442.21 Payments - $0.00 Past Due Amount $726.00 Other Credits - $0.00 Amount Due This Period $1 ,751 .21 Purchases + $0.00 Minimum Payment Due $2,442.21 Cash Advances + $0.00 Payment Due Date 01/27/19 Fees Charged + $43.25 . Late Payment Wamlng: IntereSt Charged + $4522 If we do not receive your minimum payment by the date listed above, New Balance $2,442.21 you may have to pay a late fee up to $35. . . . Minimum Payment Warning: creglt L'm't . $1 ’850'00 If you make only the minimum payment each period, you will pay more Ava'lable cred't $000 in interest and it will take you longer to pay off your balance. Statement Closmg Date 01/02/19 Days in Billing Cycle 31 For example: If you make no You will pay off the And you will QUESTIONS? additional charges balance shown on end up paying Call Customer Service or Report using this card and the statement in an estimated a Lost or Stolen Credit Card 1-877-825-3242 each month you pay... about... total of... Outside the U.S. Call 1-702-405-2042 _ _ Only the mlnlmum Please send billing inquiries and correspondence to: payment 1 months $2,442.00 P.O. Box 98873, Las Vegas, NV 89193-8873 If you would like a location for credit counseling services, call 1-866-515-5720. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount Fees F57270002000CYLAC 01/02 01/02 ANNUAL FEE 02/19 THROUGH 02/19 8.25 01/02 01/02 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 Interest Charged 01/02 01/02 Interest Charge on Purchases 45.22 01/02 01/02 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 45.22 2019 Totals Year-to-Date Total fees charged in 2019 $43.25 Total interest charged in 201 9 $45.22 YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF. THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274. Your account is currently closed. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 26.15%(v) $2,075.06 $45.22 Cash Advances 26.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 2 190102 o cx PAGE1 of1 2 o 5727 9620 M115 01505335 Please return this portion with your payment, and write your account number on your check, made payable to CREDIT ONE BANK ‘ ,,»m»»zz«sg§ §§- PAYYOUR BILL ONLINE at CreditoneBank.c°m o ,.,..«>‘ ’3'- ( redlt§§§§§k Account Number: - 7380 3 A N K New Balance: $2,442.21 Minimum Payment Due: $2,442.21 Payment Due Date: 01 [27/1 9 For address, telephone and email changes, please complete the reverse side. Or, update your contact information online at www.CreditOneBank.com. AMOUNT ENCLOSED: s CREDIT ONE BANK PO BOX60500 CITY OF INDUSTRY CA91716-0500 .l.ll..llll...Ill..l...lll.l.l..l.llllllll..ll..l..l..l.l.l.lll.. KIM CAMPBELL 2374 VARGAS PL SANTA CLARA CA 95050-3335
