Complaint Limited Filed by Assignee 5KCal. Super. - 6th Dist.November 24, 2020\OOOQONUI-RUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-RUJNHOKOOOQONUl-PUJNHO E-FILED 11/24/2020 1:44 PM 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 ZOCV373976 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 CA VALRYSPVI, LLC, ASASSIGNEE 0F CITIBANK, NA. SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA - LIMITED CAVALRY SPV I, LLC, AS ASSIGNEE OF Case N0. ZOCV373976 CITIBANK, N.A., Plaintiff, COMPLAINT FOR: VS. 1. ACCOUNT STATED 2. OPEN BOOK ACCOUNT NATALIA ATAMAN AKA Natalia Porter, an individual; and DOES 1 through 10 inclusive. DEMAND: $4,700-60 Defendant. Plaintiff alleges: FACTS COMMON TO ALL CAUSES OF ACTION 1.P1aintiff is and at all times herein mentioned, CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A., and successor in interest t0 original creditor, Citibank, N.A.. 2.P1aintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. 500 Summit Street Dr Suite 400 Valhalla NY 10595. 3.Plaintiff is a debt buyer, and is the sole owner 0f the debt at issue. 4.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 XXXXXXXXXXXX7996. 5.Plaintiff is informed and believes that Defendant are individuals Who currently reside COMPLAINT-l of 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 NATALIA ATAMAN, 403 MADISON DR , SAN JOSE, CA 95123-0000. 7.P1aintiff is unaware of the true names or capacities, whether individual, corporate, associate 0r otherwise ofthe 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 XXXXXXXXXXXX7996 (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-Z of 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 June 7, 2019. 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 $4,700.60, 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 $4,700.60. 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 of Billing Statement and/or Account Records provided t0 the Defendant While the account was active, demonstrating that the debt was incurred by the Defendant as described in California Civil Code section 1788.52(b). 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 $4,700.60 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 $4,700.60 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 of 5 \OOOQQUIAUJNH NNNNNNNNNr-KHHr-tr-tv-tr-tr-tr-tr-t OOQONUI-hUJNh-‘OKOOOQQUIAUJNF-‘O WHEREFORE, Plaintiff prays for judgment against the Defendant as follows: 1. For the damages and money in the sum of $4,700.60, 2. For costs of suit incurred; and 3. For such other and further relief as the Court deems just and proper. 4. Plaintiff remits all damages in excess 0f the jurisdictional amount 0f this Court. Dated: 11/15/2020 By: MANDARICH LAW GROUP, LLP COMPLAINT-S 0f 5 42m- / [X] Amber Swearingen-Ojuri, Esq. Attorneysfor Plaintifi’ EXHIBIT A C|T|® / AADVANTAGE® PLATINUM SELECT® CARD Gm ‘ AAdOmaefirCImtAgmgese\g_ NATALIA ATAMAN Member Since 2017 Account numberending inz7996 Billing Period205/10/19-06/11/19 JUNE STATEMENT Minimum payment due: $100.00 New balance as of 06/11/19: $4,600.60 Payment due date: 07/07/19 See.the last pa e of this statement for important information about how to aVOId paying In erest on purchases. 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 $35 and your APRs may be increased up to the Penalty APR of 29.99%. 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 You will pay off the And you will end up charges using this card balance shown on this paying an estimated and each month you pay... statement in about... total of... Only the minimum payment 4 year(s) $4,601 $4,608 $128 3 year(s) (Savings:_$7) For information about credit counseling services, call 1-877-337-8187. Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online I To download: Cltl Text 'App1s' to Mycm (692484) or go to your device's app store. Or visit www.cltlcards.com OOOOOO PW 44 A O www.citicards.com Customer Service 1-800-388-2200 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 You're in a payment program; please pay at least the minimum payment due as listed in the terms and agreement letter sent to you at time of enrollment. Account Summary Previous balance $4,700.60 Payments -$100.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$0.00 New balance $4,600.60 Credit Limit Revolving Credit limit $6,000 Includes $1,800 cash advance limit Minimum payment due $100.00 New balance $4,600.60 Payment due date 07/07/19 Amount enclosed: Account number ending in 7996 NATALIA ATAMAN CITI CARDS 403 MADISON DR PO BQX 78045 SAN JOSE CA 95123-5026 Phoean, AZ 85062-8045 www.citicards.com Customer Service 1-800-388-2200 Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 NATALIA ATAMAN Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments 06/07 PAYMENT THANK YOU -$100.00 Fees charged Total fees charged in this billing period $0~00 Interest charged Total interest charged in this billing period $0~00 2019 totals year-to-date Total fees charged in 2019 $0.00 Total interest charged in 2019 $0.00 Interest charge calculation Days in billing cyclezss 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 0.00% $4,377.33 (D) $0.00 ADVANCES standard Adv 0.00% $308.12 (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 ©2018 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, AAdvantage and AAdvantage Million Miler are trademarks of American Airlines, Inc. EXHIBIT B C|T|® / AADVANTAGE® PLATINUM SELECT® CARD C&T ‘ Mdcgfiakge‘g NATALIA ATAMAN Member Since 2017 Account number ending inz7996 Billing Period:09/11/19-10/09/19 OCTOBER STATEMENT Minimum payment due: $4,700.60 New balance as of 10/09/19: $4,700.60 Payment due date: 10/09/19 See the last page of this statement for important information about how to avoid paying In Late Payment Warning: If we d0 not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs erest on purchases. may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninq:|f you make only the minimum payment each period, you will pay more in interest and it will take you longer t0 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 statement in about... otal of... And you will end up balance shown on this Paying an estimated www.citicards.com Customer Service 1-800-925-8871 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due $500.00 and overlimit $0.00. You're in a payment program; please pay at least the minimum payment due or the amount listed in the terms and agreement letter sent to you at time of enrollment. Account Summary Only the minimum payment 1 month(s) $4,701 For information about credit counseling services, call 1-877-337-8188. OOOOOO PW 44 A O NATALIA ATAMAN 403 MADISON DR SAN JOSE CA 95123-5026 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download: Text 'App15' to MyCltl (692484) or go to your device's app store. Or visit www.cltlcards.com Previous balance $4,700.60 Payments -$0.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$0.00 New balance $4,700.60 Credit Limit Revolving Credit limit $6,000 Includes $1,800 cash advance limit Minimum payment due $4,700.60 New balance $4,700.60 Payment due date 10/09/19 Amount enclosed: Account number ending in 7996 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 Customer Service 1-800-925-8871www.citicards.com TTY-hearing-impaired services only 1-800-325-2865 NATALIA ATAMAN Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period $0.00 Interest charged Total interest charged in this billing period $0.00 2019 totals year-to-date Total fees charged in 2019 $0.00 Total interest charged in 2019 $0.00 Interest charge calculation Days in billing cycle:29 _Y9Hr__1°f_'_'9_‘¥f°‘_'__'_°__°_TSE'_'_t_§9?F_‘:‘_t__°__‘_‘_°_‘_'_°B_’_‘§File._"?‘_'?_”H‘?‘_'_??????_SF.W???Y99C??_‘?9‘_J_'_‘_t: ____________________________ Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge EHRQHAEE§ _______________________________________________________________________________________________________________________________ Standard Purch O_OOo/o $439248 (D) $0 00 APYAN9E§ _________________________________________________________________________________________________________________________________ Standard Adv 0.00% $308.12 (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 Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. ©2018 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, AAdvantage and AAdvantage Million Miler are trademarks of American Airlines, Inc. Page 2 of 2
