Complaint Limited Up to 10K

Cal. Super. - 6th Dist.November 24, 2020

DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC E_F|LED PLD-C-001 A1TDRNEY DR PARTY WITHOUT ATI'DRNEY (Name, Slate Bar umber, and address}: 1 1/24/2w@g.wqfim FLINT c ZIDE, SBN 160369/5ARKIs s KARAYAN, SBN 316926 ' LAw OFFICE 0F HARRIS & ZIDE Clerk 0f court 1445 HUNTINGTON DRIVE, SUITE 300 Superior Court of CA, SOUTH PASADENA CA 91030 TELEPHONEND:525.799.3444 FAX No_(Opnionau: 525-799.3419 county Of santa Clara E-MAIL ADDRESS (Optional): 200V373941 ATTORNEYFOR (Name): PLAINTIFF Reviewed By: L. Quach-Marcellana SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH iST STREET MAILING ADDRESS: cm, ANDZIP CODE: San Jose CA 95113 BRANCH NAME: SAN JOSE COURTHOUSE PLAINTIFFI LVNV Funding LLC DEFENDANT; Latoisha Bates E Does 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CRoss_c0MpLAmT E AMENDED cnoss-compLAINT (Number).- Jurisdiction (check afl that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded X does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaint or cross-complaint 200v373941 Efrem limited to unlimited Efrom unlimited to limited CASE N UMBER: 1. PIaintiff“ (name or names): LVNV Funding LLC alleges causes of action against defendant* (name ornames): Latoisha Bates DOES 1 T0 5, INCLUSIVE 2. This pleading, including attachments and exhibits, consists of the following number of pages: 3. a. Each plaintiff named above is a competent adult except plaintiff (name): LVNV FundinE LLC (1) Ea corporation qualified to do business in California (2) Dan unincorporated entity (describe): (3) -other (specify): LIMITED LIABILITY COMPANY b. EPlaintiff (name): a. Ehas complied with the fictitious business name laws and is doing business under the fictitious name (speciljl): b-E has complied with all licensing requirements as a licensed (specify): c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above is a natural personE except defendant (name): E except defendant (name): (1) E a business organization, form unknown (1)E a business organization, form unknown (2)E a corporation (2)E a corporation (3)E an unincorporated entity (describe): (3)E an unincorporated entity (describe): (4)E a public entity (describe): (4)E a pu blic entity (describe): (5) Eother (specify): (5)E other (speoifll): " If this form Is used as a cross-complalnt: plalnfiff means cross-onmplalnant and defendant means cmssdefendant. P3991 of 2 Ffllgmfirgfiggfigfimfilnfise TA039078 COMPLAINT-Confl'act Code or CIvII Procedure, § 42512 PLD-c-om (Rev. January 1,2007] DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC PLD-C-001 SHORT TITLE: CASE NUMBER: LVNV Funding LLC Vs. Latoisha Bates 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) E Doe defend ants (special Doe numbers): were the agents or employees of the named defendants and acted within the scope of that agency or employment. (2)E Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. c. D Information about additional defendants who are not natural persons is contained in Attachment 4c. d_ D Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. D Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutes, or b. D is excused from complying because (specify): 6. E This aGtion i5 SUbJ'eCttO D Civil Code section 1812.10 D Civil Code section 2984.4. 7. This court is the proper court because a. D a defendant entered into the contract here. b. D a defendant lived here when the contract was entered into. c. a defendant lives here now. d. D the contract was to be performed here. e. E a defendant is a corporation or unincorporated association and its principal place of business is here. f. D real property that is the subject ofthis action is located here. g- other (Specifil): CCP 395(3) 8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): D Breach of Contract m Common Counts D Other (specify): 9- E Other allegations; Plaintiff is a debt buyerand the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account ending in 3930 with Plaintiff’s predecessor Credit One Bank, N.A. Plaintiff having taken said assignment for value. This account was purchased by plaintiff after 1/1/14. 10. Plaintiff prays for judgment for costs of suit; for such relief as i5 fair, just, and equitable; and for a. damages of: $ $3,128.96 b. D interest on the damages (1)D according to proof (2)D at the rate of (special): percent per year from (date): c. E attorney's fees (1)D of: $ (2)D according to proof. d. m other (specifld: SUCH 0TH ER RELIEF AS THE COURT DEEMS PROPER. 11. D The paragraphs of this pleading alleged on infon'nation and belief are as follows (speohj/ paragraph numbers): Date: 11/19/2020 )b FLINT c. ZIDE C1 SARKIs s. KARAYAN r /§ i (TYPE 0R PRINT NAM E) (SIGNATURE 0F PLAINTIFF 0R ATrORN EV) (Ifyou wish to verify this pleading, afiix a verification.) PLD-c-om [Rem January 1,2007] COMPLA|NT_contract Page 2 of 2 DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC PLn-c-oo1(2) SHORT TITLE: LVNV Funding LLC Vs. Latoisha Bates CASE NUMBER: FIRST (number) CAUSE 0F ACTION-Common Counts ATTACHMENTTO Complaint D Cross-Complaint (Use a separate cause 0f action fon'n for each cause ofactt'on.) CC-1. Plaintiff (name): LVNV Funding LLC alleges that defendant (name): Latoisha Bates became indebted to plaintiff D other (name): a. within the last four years (1) on an open book account for money due. (2) because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. b. within the last D two years four years (1) for money had and received by defendant for the use and benefit of plaintiff. (2) D for work, labor, services and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.E the sum of $E the reasonable value. (3) D for goods. wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffE the sum of $D the reasonable value. (4) m for money lent by plaintiff to defendant at defendant's request. (5) for money paid, laid out, and expended to or for defendant at defendant's special instance and request. (6) D other (specify): CC-2. $ .which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff is entitled to attorney fees by an agreement or a statuteD omD according to proof. cc,4_ m Other; $3,128.96, which is the fixed and agreed amount, is due and unpaid despite plaintiff’s demand. Plaintiff is the sole owner and current assignee of this account, whose account number at time of charge offended in 3930, and was originally owned by Credit One Bank, N.A., P.O. Box 98873 , Las Vegas, NV 89193 who was the creditor at time of charge off. $3,128.96 was the balance at time of charge off, as shown by Attachment 1. Defendant defaulted on or about September 5, 2018. The last payment was made on this account on February 3, 2018, as shown by Attachment 2 The debtor's name and address appeared in the original creditor's records prior to the sale of the debt or as of 12/31/13, as shown in Attachment 3. The names and addresses of all entities who have purchased the debt after charge off are as follows on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page Page 1 of 1 “'mAPPWed’“ 09W“ Use CAUSE OF ACflON-Common Counts 9°“ °‘C'V” Pmem’evwzz’” Judicial Council or California PLDC-oouz) [Rem January 1. 2009] www.courflnfocagov DocuSign Envelope ID: CCE4C14C-2F61-496C-88E3-D3EAC2551C6C ATTACHM ENT ”1” DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA0255106C REDIT CARD STATEMENT Account Number- 3930 August 05, 2018 to September 04, 2018 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $3,028.77 New Balance $3,128.96 Payments - $0.00 Past Due Amount $958.00 Other Credits - $0.00 Amount Due This Period $2,205.96 Purchases + $0.00 Minimum Payment Due $3,128.96 Cash Advances + $0.00 Payment Due Date 09/28/18 Fees Charged + $43.25 L . _ate Payment Warning. IntereSt Charged + $5634 If we do no‘ receive your minimum payment by the date lis‘ed above, New Balance $3,128.96 you may have to pay a late fee up to $35. . . . Minimum Payment Warning: Greg" L'm't , $245000 If you make only the minimum payment each period, you will pay more Avallable cred“. $000 in interest and it will take you longerto pay off your balance. Statement Closmg Date 09/04/18 Days in Billing Cycle 31 For example: If you make no You will pay offthe And you will QUESTIONS? additional charges balance shown on end up paying Call Customer Service or Report using this card and the smtement 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 I I Only the mlnlmum Please send billing inquiries and correspondence to: payment 1 months $3,129.00 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 Pos‘ Da‘e Description of Transaction or Credit Amoun‘ Fees F572700L7000CYLAC 09/04 09/04 ANNUAL FEE 10/18 THROUGH 10/18 8.25 09/04 09/04 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 Interest Charged 09/04 09/04 Interest Charge on Purchases 56.94 09/04 09/04 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 56.94 2018 Totals Year-to-Date Total fees charged in 2018 $354.25 Total interest charged in 2018 $458.78 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 CALCU LATION 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 25.65%(v) $2,663.05 $56.94 Cash Advances 25.65%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 4 180904 D cx PAGE 1 on 2 D 5727 9620 M115 01E05385 P‘ease return this portion with your payment and write your account number on your check. made payable lo CREDIT ONE BANK. """"‘ "“3 PAY YOUR BILL 0N LINE at CreditOneBankcom Cmdi fig“; Account Number: - 3930 B A N K New Balance: $3,128.96 Minimum Payment Due: $3,128.96 Payment Due Date: 09/28/18 I'III'I"l'IIII'II'I"||"""I"I'|'"||'|'I'||I|'III"|'|'|I'|I LATOISHA BATES For address, telephone and email changes, please complete ‘he reverse side. 0r, update your contact information online a‘ www.CreditOneBankoom. CREDIT ONE BANK PO BOX 60500 APT 2077 CITY OF INDUSTRY CA 91716-0500 801 LAKE CAROLYN PKWY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IRVING TX 75039-4666 DocuSign Envelope ID: CCE4C14C-2F61-496C-88E3-D3EAC2551C6C ATTACHM ENT ”2” DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA0255106C AccountNumber- 3930 January 05, 2018 to February 04, 2018 REDIT CARD STATEMENT SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $2,014.00 New Balance $2,386.18 Payments - $101.00 Past Due Amount $0.00 Other Credits - $2.68 Amount Due This Period $1 55.00 Purchases + $386.06 Minimum Payment Due $155.00 Cash Advances + $0.00 Payment Due Date 02/28/18 Fees Charged + $4325 Late Pa ment Warnin : IntereSt Charged + $4655 If we doyno‘ receive yogur minimum payment by the date lis‘ed above, New Balance $2,386.18 you may have to pay a late fee up to $35. . . . Minimum Pa ment Warnin : Greg" lelt . $245000 If you make gnly the minimim payment each period, you will pay more Avallable cred“ $6300 in interest and it will take you longer to pay off your balance. Statement Closing Date 02/04/18 Days in Billing Cycle 31 For example: If you make no You will pay offthe And you will QUESTIONS? additional charges balance shown on end up paying Call Customer Service or Report using this card and the smtement in an estimated a Lost or Stolen Credit Card 1-877-825-3242 eaCh mon‘h YOU DaY--- abOm-u ‘0‘3' Ofn- Outside the U.S. Call 1-702-405-2042 I I Only the mlnlmum Please send billing inquiries and correspondence to: payment 7 years $3,882.00 P.O. Box 98873, Las Vegas, NV 89193-8873 $95.00 3 years $3,423.00 (Savings= $459.00) 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 24445000M8PR4N EBA 01/05 01/05 KROGER #0557 GARLAND TX 50.89 24692160Y2X52TOE0 01/14 01/14 GEICO ‘AUTO MACON DC 157.45 2476197D1 SSZYLLAB 01/16 01/16 PF CHANGS #2900 DALLAS TX 21 .89 2455930D1 SGGMRJ07 01/17 01/17 WILLIAM T LIN MD PA RICHARDSON TX 20.00 2444500D38PRK7VNB 01/19 01/19 KROGER #0870 ADDISON TX 34.19 2422638D62LROLPK3 01/21 01/21 WAL-MART #3406 DALLAS TX 29.77 2420429D801J2GALK 01/24 01/24 UBER EATS XZYQH HELP.UBER800-5928996 CA 18.89 2420429D9BKMAKZ7Z 01/25 01/25 UBER XZYQH HELP.UBER.COM 800-5928996 CA 2.00 2420429DQBKNZ6NWY 01/25 01/25 UBER QIRGD HELP.UBER.COM 800-5928996 CA 28.48 2442733DALYHWVR3L 01/26 01/26 PANERA BREAD #1226 DALLAS TX 12.35 2442733DALYHWVT2A 01/26 01/26 PANERA BREAD #1226 DALLAS TX 10.15 F572700DCOOOFR 01/28 01/28 CREDIT ONE REWARD CREDIT LAS VEGA -2.68 CREDIT 74071 93DKO0XTMJRE 02/03 02/03 PAYMENT - MOBILE APP LAS VEGAS NV -1 01 .00 Fees F572700DKOOOCYLAC 02/04 02/04 ANNUAL FEE 03/18 THROUGH 03/18 8.25 02/04 02/04 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 Interest Charged 02/04 02/04 Interest Charge on Purchases 46.55 02/04 02/04 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 46.55 2018 Totals Year-to-Date Total fees charged in 2018 $51 .50 Total interest charged in 2018 $82.67 5385 JBH 001 7 4 180204 D PAGE1ol2 20 5727 9620 M115 01E05385 P‘ease return this portion with your payment and write your account number on your check. made payable lo CREDIT ONE BANK. -----‘ "“3 PAY YOUR BILL 0N LINE at CreditOneBankcom Cmdi fig“ Account Number: - 3930 B A N K New Balance: $2,386.18 Minimum Payment Due: $155.00 Payment Due Date: 02/28/1 8 For address, telephone and email changes, please complete ‘he reverse side. 0r, update your contact information online a‘ www.CreditOneBankoom. CREDIT ONE BANK PO BOX 60500 CITY OF INDUSTRY CA 91716-0500 LATOISHA BATES 3875 PONTE AVE APT 702 ADDISON TX 7500 1 -4072 DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA0255106C RED'T CARD STATEMENT AccountNumber- 3930 January 05, 2018 to February 04, 2018 INTEREST CHARGE CALCU LATION 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. 1 5%(v) $2,22 1 .05 $46.55 Cash Advances 25.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 4 180204 0 PAGEZDIZ 20 5727 9620 M115 O1EO5385 DocuSign Envelope ID: CCE4C14C-2F61-496C-88E3-D3EAC2551C6C ATTACHM ENT ”3” DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC ACCOUNT SUMMARY REPORT 11!9f2020 11:03:19 AM This accountsummary has been prepared by Resumem Capirai Services on behalfofLWVFunding LLC. It i5 nura credit card or umeraccount statement from the origins! creditor. Borrower Information Current Account Information flame: LATOISHA BATES Mdress: 5305 CHARLDTI'E DR APT 490 City: SAN JOSE State: CA E Code: 951 23~EQ22 Owner: LVNV Funding LLC Reference #z 5772901 97 OriginalCreditor: Credit Dne Bank, NA Accou nt Number: W393i] Cu rrent Balance Due: $31 28.96 Date of Last Payment: 030312013 Recent Payment Transactions No Tr.an5action5 Found Historical Account Information The original creditor for this accou nt was: The origination date with orig inal creditor was: The chargeofi cred itor for tII is accou nt was: The address of the chargeaff creditor was: The accou nt chargenff date was: The accou nt chargeaaffamou nt was: The accou nt was acquired on 0r about: The accou nt balance at time of acquisition: The borrower's add ress from chargenfi creditors records: Credit One Bank, NA PD. Box 9387?. Las Vegas, N‘u' 391 93 11JUBI2EJ11 Credit ‘Dne Bank. NA PD. Box QBBTB Las Vegas, NV 89193 {19!0532013 $3,128.95 1W1 5.!201 8 $3.128.QE APT 20W BU‘I LAKE CAROLYN PKWY IRVING, TX 75039-4665 This communicaflon is mum a debt collectorand this is an attempt £0 mnecra debt Any infinrmafion ubtar'ned m]! be used for thatpumme. Page 1 of2 DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC ACCOUNT SUMMARY REPORT “IHBIEUZU ”11:03:20 AM Ownership History Date Of Transfer OwnerICred itor Name Dwnen'Creditor Add ress UQIBUJED‘I B Credit One Bank, NA PD. Box 93373 Las Vegas, NV 89193 10/152018 MHC Receivables, LLC and FNBM, LLC 5301 S. Cimarrnn Road Suite 423-E Las Vegas, NV 89113 1UI151'201B Sherman Originator ||| LLC CID Resurgent Capital Services LP PD. Box 10466 Greenville, SC 29603 1UI154'201E Sherman Originator LLC CID Resurgent Capital Services LP PD. Box 10466 Greenville, SC 29503 LVNV Funding LLC CID Resurgent Capital Services LP PD. Box 10466 Greenville, SC 29503 Page 2 of2 I I DocuSign Envelope ID: CCE4C14C-2F61-4960-88E3-D3EA02551CSC \OOOQONUI-PUJNH NNNNNNNNNHb-Ab-AHb-Ab-AHb-Ab-AH WQON'JI-PUJNHO\OOONC\UIJ>UJNHO DECLARATION OF JURISDICTIONAL FACTS The undersigned declares that he/she is authorized to make this declaration for and on behalf of the plaintiff herein. Pursuant to Civil Procedure Sections 395 and 3963, the above entitled court is the proper court for the trial of the above entitled action because: [X] One of the defendants resides within the jurisdiction of the above entitled court at the commencement of this action. [ ] Goods or services or loans were provided within the jurisdiction of the above entitled cou rt. | declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct. 11/19/2020 at South Pasadena, California. Mo Executed E FLINT C. ZIDE DSARKIS S. KARAYAN