Complaint Limited Up to 10KCal. Super. - 6th Dist.November 24, 2020DocuSign Envelope ID: 99E98091 -E1 96-47D0-QC7F-5D475979001 D E_F|LED PLD-C-001 A1TDRNEY DR PARTY WITHOUT ATI'DRNEY (Name, Slate Bar umber, and address}: 1 1/24/2w@g.wm 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 (ommau: 20CV373953 M'rDRNEYFoR (Name): PLAINTIFF Reviewed By' R Tien SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH 15T STREET MAILING ADDRESS: cm ANDZP CODE: San Jose CA 95113 BRANCH NAME: SAN 105E COURTHOUSE PLAINTIFF: LVNV Funding LLC DEFENDANT: Ma rk Hudson E Dogs 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CRoss_c0MpLAm-r 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) ZOCV373953E ACTION IS RECLASSIFIED by this amended complaint or cross-cumplaint Efrem limited to unlimited Efrom unlimited to limited 1. Plaintiff“ (name or names): LVNV Funding LLC CASE NUMBER: alleges causes of action against defendant* (name ornames): Mark Hudson DOES 1 TO 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 Funding 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 (specifi): b-E has complied with all licensing requirements as a licensed (speciffl: c.E Information about additional plaintiffs who are not competent adults is shown in Attachment 3c. 4. a. Each defendant named above i5 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) Ea public entity (describe): (4)E a pu blic entity (describe): (5) Eother (specify): (5)E other (special): “ If this form Is used as a ormamplant: plalntlff means cross-onmplalnant and defendant means cmss-defendant P3991 of 2 Fzmmfigofigfigfoggjflfnfise TA0439 21 COMPLAINT-Confl'act Code or Clvn Procedure, § 42512 PLD-c-om [Rem January 1,2007] DocuSign Envelope ID: 99E98091 -E1 96-47D0-QC7F-5D475979001 D PLD-C-001 SHORT TITLE: CASE NUMBER: LVNV Funding LLC Vs. Mark Hudson 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 allegatifl'm: Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defendant(s) on a credit card account ending in 2552 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: $ $1,990.37 b. D intereston 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 0f: $ (2)D according to proof. d. m other (spasm.- 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 (spechj/ paragraph numbers): Date; 11/19/2020 O FLINT c. ZIDE )8 SARKIs s. KARAYAN > W S”Wm (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: 99E98091 -E1 96-47D0-QC7F-5D475979001 D PLn-c-oo1(2) SHORT TITLE: LVNV Funding LLC Vs. Mark Hudson 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): Mark Hudson 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; $1,990.37, 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 2552, 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. $1,990.37 was the balance at time of charge off, as shown by Attachment 1. Defendant defaulted on or about February 4, 2019. The last payment was made on this account on July 13, 2018, as shown by Attachment 2 The debtor‘s name and address appeared in the original creditor's records prior to the sale ofthe 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 offare 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: 99E98C91-E1 96-47D0-9C7F-5D475979001 D ATTACHM ENT ”1” DocuSign Envelope ID: 99E98091 -E1 96-47D0-QC7F-5D475979001 D REDIT CARD STATEMENT Account Number- 2552 January 04, 2019 to February 03, 2019 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $1 ,923.14 New Balance $1 ,990.37 Payments - $0.00 Past Due Amount $586.00 Other Credits - $0.00 Amount Due This Period $1 ,439.37 Purchases + $0.00 Minimum Payment Due $1,990.37 Cash Advances + $0.00 Payment Due Date 02/28/19 Fees Charged + $35.00 L . _ate Payment Warning. IntereSt Charged + $3223 If we do no‘ receive your minimum payment by the date lis‘ed above, New Balance $1 1990-37 you may have to pay a late fee up to $35. . . . Minimum Payment Warning: Greg" L'm't , $1 ’550'00 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 02/03/19 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 $1,990.00 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 02/03 02/03 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 02/03 02/03 Interest Charge on Purchases 32.23 02/03 02/03 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 32.23 2019 Totals Year-to-Date Total fees charged in 2019 $70.00 Total interest charged in 2019 $63.81 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 22. 1 5%(v) $1 ,745.87 $32.23 Cash Advances 22.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 3 190203 o cx PAGE 1 on 2 o 5721 9620 A118 01EM5385 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: - 2552 B A N K New Balance: $1 990.37 Minimum Payment Due: $1 990.37 Payment Due Date: 02/28/19 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 MARK HUDSON 1488 CHERRY GARDEN LN SAN JOSE CA 951 25-4843 DocuSign Envelope ID: 99E98C91-E1 96-47D0-9C7F-5D475979001 D ATTACHM ENT ”2” DocuSign Envelope ID: 99E98CQ1-E196-47D0-QC7F-5D475979001D RED'T CARD STATEMENT AccountNumber- 2552 July 04, 2018 to August 03, 2018 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $1 ,620.92 New Balance $1 ,598.72 Payments - $125.00 Past Due Amount $55.00 Other Credits - $0.00 Amount Due This Period $1 1 5.00 Purchases + $39.95 Minimum Payment Due $170.00 Cash Advances + $0.00 Payment Due Date 08/28/18 Fees Charged + $35.00 L . .ate Payment Warning. IntereSt Charged + $2735 If we do no‘ receive your minimum payment by the date lis‘ed above, New Balance $1 1598-72 you may have to pay a late fee up to $35. . . . Minimum Payment Warning: Greg" L'm't , $1 ’550'00 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 08/03/18 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 5 years $2,304.00 P.O. Box 98873, Las Vegas, NV 89193-8873 $61.00 3 years $2,188.00 (Savings= $1 16.00) If you would like a Iocafion for credit counseling services, call 1-866-515-5720. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount 7407193JJO0XTMJMO 07/1 3 07/1 3 PAYMENT - THANK YOU -1 25.00 2469216JK2X7HAABD 07/14 07/14 OTL‘SCORESENSECOM 800-679-6327 TX 39.95 Fees 08/03 08/03 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 08/03 08/03 Interest Charge on Purchases 27.85 08/03 08/03 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 27.85 2018 Totals Year-to-Date Total fees charged in 2018 $220.00 Total interest charged in 2018 $200.80 YOUR ACCOUNT IS PAST DUE. |T IS NOT TOO LATE TO PROTECT YOUR CREDIT RATING! PLEASE PAY THE MINIMUM AMOUNT DUE NOW OR CALL (888) 729-6274. 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 21 .65%(v) $1 543.60 $27.85 Cash Advances 21 .65%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 3 180803 D XPAGE1OI1 20 5727 9620 A118 O1EM5385 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: - 2552 B A N K New Balance: $1 598.72 Minimum Payment Due: $170.00 Payment Due Date: 08/28/18 MARK HUDSON 1488 CHERRY GARDEN LN SAN JOSE CA 951 25-4843 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 DocuSign Envelope ID: 99E98C91-E1 96-47D0-9C7F-5D475979001 D ATTACHM ENT ”3” DocuSign Envelope ID: 99E98091 -E1 96-47D0-QC7F-5D475979001 D ACCOUNT SUMMARY REPORT “11.n'9f2020 11:03:19 AM This accountsummary has been prepared Dy Resurgem Capimi Services on Dena]?ofLVNVFunding LLC. n is aura credit card or other account statement from me minim! creditor, Borrower Information Current Account Information flame: MARK HUDSON Address: 1483 Cherry Garden Ln City“: San Jose State: CA m Code: 95125-4843 Owner: LVNV Funding LLC Reference #: 681 300266 OriginalCrediton Credit Dne Bank, NA Accou nt Number: W552 Cu rrent Balance Due: $1 990.3? Date of Last Payment: 07H 31201 B Recent Payment Transactions Nu Tranaactions Found Historical Account Information The original creditor for this accou nt was: The originafion date with orig inal creditor was: The charge-off cred itor for tII i5 accou nt was: The address of the chargeofi cred flor was: The accou nt charge-off date was: The accou nt chargenffamou nt was: The accou nt was acquired on 0r about The accou nt balance at time of acquisition: The borrower’s add r955 from charge-ofi creditors records: Credit One Bank. NA PD. Box QBBTB Las Vegas, N‘u' 39193 032M201 5 Credit One Bank, NA PD. Bax 98873 Las Vegas, NV 89193 UZI'EMJZU‘I 9 $1 .9903? [131'153201 Q $1 .9903? 1488 CHERRY GARDEN LN SAN JOSE, CA 951 25-4843 This communication 1's fmm a debt collectorand Eris is an enema! ID collecta debt Any information obtained wfl! be used {Dr that purpose. Page 1 uf2 DocuSign Envelope ID: 99E98091 -E1 96-47D0-QC7F-5D475979001 D ACCOUNT SUMMARY REPORT “IHBIEUZU ”11:03:19 AM Ownership History Date Of Transfer OwnerICred itor Name Dwnen'Creditor Add ress 02239.01 Q Cre dit One Ban k, NA PD. Box QB 373 Las Vegas, NV 89193 fl3l1fii2019 MHC Receivables, LLC and 5301 S. Cimarrnn Road Suite FN BM, LLC 423-E Las Vegas, NV 89113 {1311512019 Sherman Originator ||| LLC PD. Box 10456 CID ResurgentCapital Services Greenville, SC 29603 LP {133151201 9 Sherman Originator LLC PD. Box 10466 CID Resurgent Capital Services LP 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: 99E98091-E196-47D0-QC7F-5D475979001D \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 Executed at South Pasadena, California. [j FLINT C. ZIDE ESARKIS S. KARAYAN
