Complaint Filed

Cal. Super. - 6th Dist.January 15, 2021

COMPLAINT - 1 File No. 20-19430-0 Robert Scott Kennard State Bar No. 117017 Grace Esse State Bar No. 315558 NELSON & KENNARD 5011 Dudley Blvd., Bldg. 250, Bay G McClellan, CA 95652 P.O. Box 13807 Sacramento, CA 95853 Telephone: (916) 920-2295 Facsimile: (916) 920-0682 Attorneys for Plaintiff CAVALRY SPV I, LLC as assignee of Citibank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ LIMITED CIVIL CASE CAVALRY SPV I, LLC as assignee of Citibank, N.A. Plaintiff, vs. KIMBERLY RUTHERFORD and DOES 1 to 10, Inclusive, Defendants. CASE NO. COMPLAINT FOR ACCOUNT STATED; MONEY LENT (DEMAND AMOUNT: $4,770.55) Plaintiff alleges and complains as follows: PRELIMINARY ALLEGATIONS Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A., as issuer of the Best Buy credit card account, complains of Defendants, and each of them, singularly and collectively, that: 1. The true names and capacities of Defendants herein sued by the fictitious names as DOES 1 to 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 1/15/2021 8:09 AM Alex Calvo, Clerk By: Richard Kersten Seago, Deputy 21CV00096 COMPLAINT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and in accordance with the provisions of Section 474 of the Code of Civil Procedure. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendants named herein as DOES 1 to 10 have been ascertained. 2. At all times herein mentioned, Defendants, and each of them, were the agents, servants and employees of each other and every remaining Defendant, and in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 3. Plaintiff is now and was at all times herein mentioned a limited liability company, authorized to do business in the State of California. 4. Plaintiff is a debt buyer as defined by Section 1788.50 of the CA Civil Code. 5. Section 1788.50 of the CA Civil Code is applicable to this action as the debt subject to this lawsuit was purchased by Plaintiff after January 1, 2014. 6. Plaintiff is in compliance with Section 1788.52 of the CA Civil Code. Attached hereto as Exhibit A is a true and correct copy of a monthly account statement that was sent to the Defendant while the account was active, which demonstrates that the debt was incurred by the Defendant. 7. The nature of the underlying debt is a credit agreement entered into between the charge-off creditor and the Defendant. The COMPLAINT - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant obtained credit to use for the purchase of certain goods and services and used the account for that purpose. 8. The name of the charge-off creditor is Citibank, N.A., as issuer of the Best Buy card account. The address of the charge-off creditor at the time of charge-off was PO BOX 78009 PHOENIX, AZ XXXXXXXXXXXX1442. 9. The name and last known address of the Defendant as they appeared in the charged-off creditor's records prior to the sale of the debt was KIMBERLY RUTHERFORD, 1775 48TH AVE CAPITOLA, CA 95010- 10. The name and address of all entities that purchased the debt after charge-off is/are CAVALRY SPV I, LLC, 500 Summit Lake Dr, #400 Valhalla, NY 10595. 11. Plaintiff is informed and believes and thereon alleges that Defendant KIMBERLY RUTHERFORD is an individual who resides in the City of Capitola, County of Santa Cruz, State of California. 12. Before commencement of this action, in those cases where recovery of costs is dependent on such notices, Plaintiff informed the Defendant(s) in writing that it intended to file this action and that this action may result in a judgment against Defendant(s) that might include court costs and necessary disbursements allowed by C.C.P. § 1033(b)(2). /// 85062-8009. The last four digits of the charge-off account number are 2831. COMPLAINT - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// FIRST CAUSE OF ACTION (Account Stated) 13. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs I through 12 of this complaint. 14. This account charged-off with a balance of $4,770.55. 15. The debt balance at charge-off was $4,770.55, and upon information and belief there is $0.00 in post charge-off fees and $0.00 in post charge-off interest. 16. Defendants were indebted to the charge-off creditor, Citibank, N.A., as issuer of the Best Buy card account, in the amount of $4,770.55 on an account stated in writing. Please see the statement of account reflecting the indebtedness attached hereto as Exhibit B. This Citibank, N.A. credit card account was for credit card purchases and/or cash advances. Defendant was billed monthly and failed to dispute as required under the Federal Fair Billing Act applicable to such account (15 U.S.C. $ 1666 et seq.). 17. The date of last payment made on the account was February 9, 2019. 18. Prior to filing this complaint, all right, title and interest in the account which is the subject of this lawsuit, Account Number XXXXXXXXXXXX1442, was sold and assigned by Citibank, COMPLAINT - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N.A. as issuer of the Best Buy credit card account, to CAVALRY SPV I, LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. 19. Plaintiff made demand on defendants for payment of that sum, but no part of that sum has been paid to plaintiff, and the entire amount is now due and unpaid. 20. Neither the whole nor any part of the above charged-off sum has been paid, although payment has been demanded, leaving a balance due, owing and unpaid to Plaintiff in the amount of $4,770.55 and together with costs of suit. SECOND CAUSE OF ACTION (Money Lent) 21. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs 1 through 20 of this complaint. 22. This account charged-off with a balance of $4,770.55. 23. Within the last four years, Defendant became indebted to the charge-off creditor, Citibank, N.A., Best Buy credit card account, in the amount of $4,770.55, for money lent to or paid out for the benefit of Defendant at his/her request, based on Defendant's use and benefit of his/her account. 24. The date of last payment made on the account was February 9, 2019. 25. Neither the whole nor any part of the above charged-off sum has been paid, although payment has been demanded, leaving a COMPLAINT - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 balance due, owing and unpaid to Plaintiff in the amount of $4,770.55 together with costs of suit. WHEREFORE, plaintiff prays for judgment against Defendants, and each of them, jointly and severally, as follows: FOR THE FIRST CAUSE OF ACTION (1) Damages in the sum $4,770.55; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. FOR THE SECOND CAUSE OF ACTION (I) Damages in the sum $4,770.55; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. NELSON & KENNARD Dated: December 10, 2020 By:______________________________ GRACE ESSE Attorney for Plaintiff February 9, 20199/15/19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, GRACE ESSE, declare: 1. I am an attorney at law duly admitted and licensed to practice before all courts of the State of California and I have my professional offices at 5011 Dudley Blvd., Bldg. 250, Bay G, McClellan, Sacramento County, California. 2. I am the attorney of record for Plaintiff in the above- entitled matter. Said Plaintiff is absent from the county in which I have my office and for that reason, I am making this verification on its behalf. 3. I have read the foregoing Complaint and know the content thereof. Venue lies properly with this court because Defendant either resides in this judicial district at the time this action is commenced, or the contract was in fact signed by the Defendant in this judicial district. 4. As to all other matters, I am informed and believe that the matters stated therein are true and, on that ground, I allege the matters stated therein are true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed at Fullerton, California. Dated: December 10, 2020 ______________________________ GRACE ESSE EXHIBIT A Account Statement Statement Enclosed Summary of Account Activity Previous Balance $3,820.08 Payments -$132.00 Other Credits -$0.00 Purchases +$47.79 Cash Advances +$0.00 Fees Charged +$0.00 Interest Charged +$81.99 New Balance $3,817.86 Past Due Amount $0.00 Customer Service: bestbuy.accountonline.com Account Inquiries: 1-888-574-1301 Send Notice of Billing Errors and Customer Service Inquiries to: BEST BUY CREDIT SERVICES PO Box 790441, St. Louis, MO 63179 1442 0919 Please print address changes on the reverse side. Make Checks Payable to PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 8 This Account is Issued by Citibank, N.A. ê Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. ê Your Account Number is 4269 3800 5015 1442 Payment Due Date New Balance Minimum Payment Due March 9, 2019 $3,817.86 Past Due Amount $0.00 $121.00 BEST BUY CREDIT SERVICES PO BOX 78009 PHOENIX, AZ 85062-8009 1 4 4 2 0 1 HM 9 Credit Limit $4,000.00 Available Credit $182.00 Cash Advance Limit $200.00 Available Cash Limit $182.00 Amount Over Credit Limit $0.00 Statement Closing Date 02/12/2019 Next Statement Closing Date 03/15/2019 Days in Billing Cycle 28 Payment Information New Balance $3,817.86 Minimum Payment Due $121.00 Payment Due Date March 9, 2019 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay alate fee up to $38. 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. For example: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 17 years $10,976 $157 3 years $5,647 (Savings=$5,329) If you would like information about credit counseling services, call 1-877-337-8187. Account Number: 1442 KIMBERLY RUTHERFORD 1775 48TH AVE CAPITOLA, CA 95010-2831 Please see the encloseddeferred interest promotional offer updatefor important information. PO BOX 6204 SIOUX FALLS, SD 57117-6204 1 4 4 2 0 1 Page 2 of 8 /A/- HM - 3356-7203-0001 - N2 -/B/- 4279285946 - E -/C/- - 0 - - 95 -/D/- P - B - - 0 - Y -/E/- 0 - - - - 0 - 0 -/F/- 01/16/19 - 01/01/17 - 25 - January 15, 2019 /G/- N - - - -/H/- 0 - - YKKB - V -/I/- V - - 0 - 0 - MD - -/J/- - - - 18A06 - - 0618 1 4 4 2 0 2 Page 3 of 8 Account: **** **** **** 1442 *************************************************************************************************************************************************************************** You have asked us to automatically withdraw your monthly payments from your bank account ending in 8946. Your next payment of $121.00 will be withdrawn from your bank account on 03/09/2019. To cancel your enrollment or to change or cancel the scheduled payment, you must contact us by 5 p.m. ET on the Payment Date, except for debit card payments. For debit card payments, you must contact us by 12 a.m. ET the day before the Payment Date to cancel your enrollment or to change or cancel the scheduled payment. If the balance due on your account is less than the payment amount, we will withdraw the balance due on your account. *************************************************************************************************************************************************************************** For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on such date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number at the top of page 1 within the timeframe disclosed to you on the phone. Please update your phone number, including cell phone number on the back of the payment coupon. Marketing offers included in this statement are intended for residents of the United States and its Territories. Deferred Interest Promotional Offer Update From time to time, you may be offered special limited time only deferred interest promotional offers. Deferred interest promotional offers include the following types of offers: � No Interest if Paid in Full in 6 Months, Monthly Minimum Payments Required � No Interest if Paid in Full in 12 Months, Monthly Minimum Payments Required � No Interest if Paid in Full in 18 Months, Monthly Minimum Payments Required � No Interest if Paid in Full in 24 Months, Monthly Minimum Payments Required � No Interest if Paid in Full in 36 Months, Monthly Minimum Payments Required � No Interest if Paid in Full by a specified date, Monthly Minimum Payments Required If the balance is not paid in full by the end of the promotional period, interest charges will be imposed from the purchase date at the variable purchase rate on your account which is 27.49% APR. Variable APRs are as of 02/10/19 and will vary with the market based on the Prime Rate. These offers are not available all the time and may be limited to specific merchandise and/or have minimum payment and purchase requirements as disclosed in the offer. Your card agreement, the terms of the offer and applicable law govern these transactions including increasing APRs and fees and termination of the promotional period. If you have any questions, please contact us at 1-866-533-2468. For TDD/TTY assistance, please call 1-888-824-2323. TRANSACTIONS Trans Date Description Reference # Amount 01/14 GREENWASTE RECOVERY INC SAN JOSE CA 24622750F2XBRL0DF $ 47.79 02/09 PAY-BY-PHONE PAYMENT DEERFIELD IL 742693719EYB1A7YP $ 132.00- FEES TOTAL FEES FOR THIS PERIOD $ 0.00 INTEREST CHARGED 02/12 INTEREST CHARGE ON PURCHASES $ 81.99 TOTAL INTEREST FOR THIS PERIOD $ 81.99 2019 Totals Year-to-Date Total Fees Charged in 2019 $0.00 Total Interest Charged in 2019 $175.25 ACTIVITY AND PROMOTIONS DETAIL Original Promotion Trans Amount Promo Trans Date Previous Balance Interest Charged New Balance Promotion Minimum Payment Due Deferred Interest Charges Promotion Expiration Date Payments & Other Credits Purchases, Cash Adv, Fees & Other Debits PURCHASES REGULAR - - $3,820.08 $132.00- $47.79 $81.99 $3,817.86 - - - CASH ADVANCES REGULAR - - - - - - - - - - TOTAL $3,820.08 $132.00- $47.79 $81.99 $3,817.86 $0.00 $0.00 1 4 4 2 0 2 Page 4 of 8 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 27.49% (M)(V) $3,888.54 $81.99 CASH ADVANCES REGULAR 30.24% (M)(V) $0.00 $0.00 (V) = Variable Rate 1 4 4 2 0 3 Page 5 of 8 YOU’LL BE SURPRISED WHAT YOUR HOME CAN DO FREE ADVICE FOR ALL YOUR TECH NEEDS Whether it’s for one room or your entire home, our In-Home Advisors will create a personalized plan of products and services that are just right for you, and make sure it all works together. We can help you: 0 Get your network up to speed for streaming and more 0 Create your ideal home theater experience 0 Monitor and control your home from anywhere 0 Simplify daily life with the latest appliance innovations 0 Stream music throughout your home SEEWHAT'S POSSIBLE www.BestBuy.com/HomeConsultation 1-800-548-0828 iN-HOME CONSULTATION |n+lome Consultation sen/ice is only available in selectaieas Fm lull tel ms and conditions, vlsn www BestBuy.coin/H0ineConsultallon 2018 Best Buy. All rights reserved. 1 4 4 2 0 3 Page 6 of 8 I 410300 1234 567a 9010 VALUED MRDMEMEER 1234 567s 90 VISAl5 YOURS O5 A on WW; BACK ON MAJOR APPLIANCE IN REWARDS AND GEEK SQUAD® PURCHASES $599 & UP PLUS, TAKE ADVANTAGE OF THESE .3551-GREAT EVERYDAY BENEFITS 3"" e PRICE MATCH GUARANTEE3 B FAST STORE PICKUP4We won’t be beat on price. Ready in one hour. We’ll match the product prices of key online and local competitors. . FREE SHIPPING PLUSFREE SCHEDULED DELIVERY5 No minimum purchase required. WHENtEm;Wdime»:aivi‘mrzymirtmve‘arzdartifreditwithyowEMEHyedith.Erin :s‘tremntmmitieatimingiivirxiviimmi ii Piiiig:min P» “lame“iiviiiiiizx g HimEmPihiEI: 'iti‘2P2‘2és Hivme SiiviPIziviiiiid{Pivi ESP; iEixyTetraiiiviizzmay2‘2ivibPPiigibieii:iieiiviy EPiEm; EPxIwairiDivP» mii‘2ii2iiPiiav AMiiisi‘2z2Hi‘2'i2r2ii2i2iv 222322 “222i‘22PiiiPiviy EP E22 Eiiviii2‘2i‘r2TP222222:. 3922E22Pti i2vi2Pi§2i222 2222!.TP22‘2 2222i2.222‘22iii2222‘2g22; 2 2/E