Complaint Limited Up to 10KCal. 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 9:53 AM Christopher D. Mandarich SB 220693 Clerk 9f court Hayk Stambultsyan 33320973 Superlor Court 0f CA, Amber Swearingen-Ojuri SB324653 County Of Santa Clara David C. McGaffey SB315632 200v37391 o MANDARICH LAW GROUP, LLP Reviewed By: R_ Tien 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. 200V37391 0 Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED Jacquie L Easthouse, an individual; 2. OPEN BOOK ACCOUNT and DOES 1 through 10 inclusive. Defendant. DEMAND; $6,474.33 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 XXXXXXXXXXXXS0 1 3 . 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 Jacquie L Easthouse, 6130 MONTEREY HWY SPC 43, SAN JOSE, CA 95138-1708. 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 XXXXXXXXXXXX5013 (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 July 24, 2017. 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 $6,571.56, 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 $6,474.33. 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 0f $6,474.33 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 $6,474.33 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 $6,474.33, 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 JACQUIE L EASTHOUSE Member Since 2015 Account number ending in: 5013 Billing Period: 03/29/17-04/28/17 Minimum payment due: New balance: Payment due date: $141.52 $5,997.11 05/24/17 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 variable Penalty APR of 27.99%. 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... You will pay off the balance shown on the statement in about... And you will end up paying an estimated total of... Only the minimum payment 20 years $13,046 $211 3 years $7,596 (Savings = $5.450) For information about credit counseling services, call 1-877-337-8187. OOOOOO NC OO A O JACQUIE L EASTHOUSE 6130 MONTEREY HWY SPC 43 SAN JOSE CA 95138-1708 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online I To download: Cltl Text 'App15' to MyCItI (692484) or go to your device's app store. Or visit www.cltlcards.com How to reach us www.citicards.com 1-855-378-6467 (TTY: 1-866-210-0617) PO Box 790046 ST. LOUIS, MO 63179-0046 Account Summary Previous balance $6,059.67 Payments -$213.00 Credits -$0.00 Pu rchases +$67.92 Cash advances +$0.00 Fees +$0.00 Interest +$82.52 New balance $5,997.11 Credit Limit Credit Limit $6,000 Includes $1,200.00 cash advance limit Available Credit Limit $2 Includes $2 available for cash advance Costco Cash Rewards Summary as of 04/28/17 $7.06 » See paqe 3 for more information about your rewards Please print Address Changeson the reverse side Minimum payment due $141.52 New balance $5,997.11 Payment due date 05/24/17 Amount enclosed: Account number ending in 5013 Citi Cards PO BOX 78019 Phoenix, AZ 85062-8019 JACQUIE L EASTHOUSE www.citicards.com 1-855-378-6467 (TTY: 1-866-210-0617) CARDHOLDER SUMMARY ACCOUNT SUMMARY Sale Post Date Date Description Amount Payments, Credits and Adjustments 04/24 PAYMENT THANK YOU $213.00 JACQUIE L EASTHOUSE Standard Purchases 04/24 04/24 F|C*FOREMOST INSURANCE 800-527-3905 MI $67.92 Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 04/28 INTEREST CHARGED TO STANDARD PURCH $82.52 TOTAL INTEREST FOR THIS PERIOD $82.52 2017 totals year-to-date Total fees charged in 2017 $0.00 Total interest charged in 2017 $315.14 Interest charge calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Days in billing cycle231 Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge PURCHASES Standard Purch 15.99% (V) $6,076.24 (D) $82.52 ADVANCES standard Adv 25.99% (V) $0.00 (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 Remember, any charges above your credit limit MUST BE PAID IN FULL by your statement's payment due date. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 05/17/2017 to allow enough time for regular mail to reach us. Costco Cash Rewards Summary Total Costco Cash Rewards Balance: $7.06 Costco Cash Rewards Summary Costco Cash Rewards balance as of last statement .............................. +$6.38 Earned this period .................................. +$O.68 Total Costco Cash Rewards Balance Year To Date: $7.06 Costco Cash Rewards Earned This Period 4% on eligible gas worldwide, including gas at Costco‘ ......................................... +$0.00 3% on restaurants ................................. +$0.00 3% on eligible travel worldwide .......... +$0.00 2% on Costco and Costco.com .............................................. +$0.00 1% on all other purchases ................................................. +$O.68 Total Earned: $0.68 » Visit citi.com/Costco for more information ‘Up to $7,000 per year in purchases, then 1% cash back Page 2 of 2 EXHIBIT B Costco Anywhere Visa® Card by Citi JACQUIE L EASTHOUSE Member Since 2015 Account number ending in: 5013 Billing Period: 12/29/17-01/26/18 JANUARY STATEMENT Minimum payment due: $1,51 9.33 New balance as of 01/26/18: $6,474.33 Payment due date: 02/24/18 Late Payment 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 $37 and your APRS may be increased up to the variable Penalty APR of 28.49%. Minimum payment warning:lf 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: www.citicards.com Customer Service 1-800-846-8444 TTY-hearing-impaired services only 1-866-210-0617 PO Box 790046 ST. LOUIS, MO 63179-0046 Your account is past due. Please pay at least the minimum payment due, which includes a past due amount of $896.74 and an overlimit amount of $474.33. Account Summary If you make no additional charges using this card and each month you pay... You will pa offthe balance shown on t e statement in about... And you will end up pfaying an estimated total o Only the minimum payment 19 years $1 2,532 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online . To download: Cltl Text 'App15' to MyCiti (692484) or go to your device's app store. Or visit www.citicards.com 000000 NC 34 A O Previous balance $6,390.07 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$84.26 New balance $6,474.33 Credit Limit Credit Limit $6,000 Includes $1,200.00 cash advance limit Minimum payment due $1 ,519-33 New balance $6,474.33 Payment due date 02/24/18 Amount enclosed: Account number ending in 5013 Citi CardsJACQUIE L EASTHOUSE 6130 MONTEREY HWY SPC 43 SAN JOSE CA 95138-1708 PO BOX 78019 Phoenix, AZ 85062-8019 www.citicards.com Customer Service 1-800-846-8444 Page 2 of 2 TTY-hearing-impaired services only 1-866-210-0617 JACQUIE L EASTHOUSE CARDHOLDER SUMMARY ACCOUNT SUMMARY Sale Post Date Date Description Amount Fees Charged TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 01/26 INTEREST CHARGED TO STANDARD PURCH $84.26 TOTAL INTEREST FOR THIS PERIOD $84.26 2018 totals year-to-date Total fees charged in 2018 $0.00 Total interest charged in 2018 $84.26 Interest charge calculation Days in billing cyclezz9 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 16.49% (V) $6,430.65 (D) $84.26 ADVANCES Standard Adv 26.49% (V) $0.00 (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 Minimum Payment Due includes past due amounts. Your account may be with a collection vendor and when you call our number, you may be referred to the vendor. Please call the toII-free number shown above Monday-Thursday 8am to 6 pm or Friday 8 am to 5 pm, Central time. 1-800-846-8444
