Complaint Limited Up to 10KCal. Super. - 6th Dist.January 12, 2021MATTHEW J. KUMAR, ESQ. Bar No. 283521 ALI FARZIN, ESQ. Bar No. 278564 SALUMEH FARSHIDPANAH, ESQ. Bar No. 321445 FARMAR LAW GROUP, PC 14900 Magnolia Blvd. 055997 Sherman Oaks, CA 91403 Phone: (888) 700-4774 Fax: (888) 625-2445 Attorneys for Plaintiff Internal File No. CR201094 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OI'ANTA CLARA, SANTA CLARA - "LIMITED CIVIL" 12 13 14 15 16 17 18 19 20 CROWN ASSET MANAGEMENT, LLC Plaintiff, vs. THOMAS K DAVIS and DOES I through X, inclusive, Defendants. ) CASE NO. ) ) ) COMPLAINT FOR MONEY; ) OPEN BOOK ACCOUNT, AND ) ACCOUNT STATED, ) (COMMON COUNTS); ) DECLARATION OF VENUE ) ) DKiiIAND AMOUNT: ) $8,604.61 ) ) 21 22 23 24 25 26 27 PURSUANT TO 15 U,S,C. $ 1692g AND CALIFORNIA CIVIL CODE fj1788.17, UNLESS YOU, WITHIN THIRTY DAYS AFTER RECEIPT OF NOTICE, DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THKRKOI', THE DEBT WILL BK ASSUMED TO BK VALID BY THIS DEBT COLLECTOR. II" YOU NOTIFY TFHS DEBT COLLECTOR IN WRITING, WITHIN TEIE THIRTY DAY PERIOD TEIAT THE DEBT OR ANY PORTION THKRKOlr IS DISPUTED, THIS DEBT COI,LECTOR WILL OBTAIN VERIFICATION Ol THK DEBT OR A COPY OF A JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BK MAILED TO YOU BY THIS DEBT COLLECTOR. UPON YOUR WRITTEN REQUEST WITHIN THK THIRTY DAY PERIOD, THIS DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THK ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. COMPLAINT I'OR MONEY E-FILED 1/12/2021 10:32 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV376203 Reviewed By: D Harris 21CV376203 THIS COMMUNICATION IS AVi ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 3 10 12 THK STATE ROSKNTHAI. FAIR DEBT COLLECTION PIIACTICES ACT AND THE FEDERAL FAIR DEBT COLI.ECTION PRACTICES ACT REQUIRE THAT, EXCEPT UNDER UNUSUAL CIRCUMSTAIVCKS, COLLECTORS MAY NOT CONTACT YOU BEFORE 8 A.M. OR ABBER 9 P,M. THEY MAY NOT HARASS YOU BY USING THREATS OF VIOLENCK OR ARREST OR BY USING OBSCKIVE LANGUAGE. COLLECTORS MAY NOT USK FALSE OR MISLEADING STATEMENTS OR CALL YOU AT WORIC IF THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY IVOT RECEIVE PERSONAL CALLS AT WORK. I"OR THK MOST PART, COLLECTORS MAY NOT TELL ANOTHER PERSON, OTHER THAN YOUR ATTORNEY OR SPOUSE, ABOUT YOUR DEBT. COLLECTORS MAY CONTACT ANOTHER PERSOVi TO CONFIRM YOUR LOCATIOiV OR ENFORCE A JUDGMENT. FOR MORE INI"ORMATION ABOUT DEBT COLLECTION ACTIVITIES, YOU MAY COiVTACT THK FEDERAL TRADE COMMISSION AT I-877-FTC-HELP OR WWW.FTC.GOV. 13 Plaintiff, CROWN ASSET MANAGEMENT, LLC ("Plaintiff') alleges against Defendants, 14 THOMAS K DAVIS and DOES I thni X, inclusive, ("Defendant") as follows:15 16 1. That Plaintiff is now and was at all times mentioned a Limited Liability Company 17 authorized to do and engaged in doing business in thc State of California. 18 2. That Defendant is a natural person cutrently residing in the State of California, to 19 whom Plaintiffs assignor extended credit. 20 21 3. That the tnie names and capacities, whether individual, corporate, associate, or otherwise, of the defendants named in this action as DOES I through X, inclusive, are unknown to 23 Plaintiff who therefore sues said defendants by such fictitious names. Plaintiff will amend this 24 Complaint to show their true names and capacities when they have been ascertained. Plaintif1'is 25 informed and believes and thereon allegcs that each of these fictitiously named defendants is26 responsible in some manner for the occurrences herein alleged, and that plaintiff s damages as27 28 herein alleged werc proximately caused by their conduct. COMPLAINT FOR MONEY I CALIFORNIA CIVIL CODE II1788.50-1788.64 2 4. On or after January 1,2014, Plaintiffpurchased the consumer credit account that is the 3 basis of this action. As a result, this action is subject to Civil Code $ (1788.50-1788.64. 4 PURSUANT TO CALIFORNIA CIVIL CODE 61788.58(ak 6 (1) Plaintiff is a debt buyer. (2) Comeniiy Capital Bank issued and/or serviced an extension of credii to Defendant. 8 Defendant accessed that credit and used it, or otherwise authorized its use, for the acquisition of 9 goods, services, balance transfers, and/or cash advances. During that time, Defendant was in receipt 10 ol'illing statements detailing any activity or oiher transactions that occurred within a specified 12 period of time on the credit account. Defendant then failed to make the regularpayments when due, thereby causing a default in thc repayment of thc credit account. Plaintiff subsequently received all 14 of the rights, titles to, and interest in said credit account. 15 (3) Plaintiff is now the sole owner of the debt at issue, or has the authority to assert thc rights 16 I 7 of all owners of the debt. 18 (4) The debt balance at charge-offwas $ 8,604. 61. Plaintiff has not added nor does it seek any post-charge-off interest or fees. 20 21 22 (5) Thc date of thc last payment was on or about July 10, 2019. (6) The name and an address of the charge-off creditor at the time of charge-off was: 23 Comenity Capital Bank, PO BOX 659834 SAN ANTONIO TX 78265-9 I 34. The charge-off 24 creditor's account number associated with the debt is XXXXXXXXXXXX8539 . 25 (7) The name and last known address of thc Defendant as they appeared in the charge-off 26 creditor's records prior to the sale of the debt were: THOMAS I%DAVIS, 1461 MOUNT WHITNEY 27 DR SAN JOSE CA 95127-4742. 28 COMPLAINT FOR MONEY (8) The names and addresses of all persons or entities that purchased the debt aller charge- 2 offare as follows: CROWN ASSET MANAGEMENT, LLC, 3100 BRECIGNRIDGE BLVD STE 3 725 DULUTH GA 30096. 4 (9) Plaintiff has complied with California Civil Code It 1788,52. 6 5. Attached hereto and incorporated herein as Exhibit "A'* is a copy of the document required by California Civil Code It'1788.52(b). 10 FIRST CAUSE OF ACTION (Open Book Account - as to all Defendants) 6. Plaintiff realleges and incorporates in this cause of action thc allegations of Paragraphs 1 through 5, inclusive. 13 7. That within the last four years, Comenity Capital Bank and Defendant established an 14 Open Book Account for account number XXXXXXXXXXXX8539 arising from a written 15 agreement. Said Open Book Account reflected all debits and credits in connection with the 16 17 aforementioned account, and was kept in permanent form in the regular course of business by Comenity Capital Banlu As of its final entry, said Open Book Account provided that Defendant was 19 indebted to Plaintiff's assignor in the sum of $8,604.61. Payments or credits in the amount of $0.00 20 have since been posted to the subject account, leaving a total outstanding principal balance due of 21 $8,604,61. 22 23 25 26 4 COMPLAINT FOR MONEY SECOND CAUSE OF ACTION (Account Stated - as to all Defendants) 8. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs I through 5, inclusive. 9. That on or about February 23, 2020, an account was stated by and between Comenity Capital Bank and Defendant, at which time it was found to be due from Defendant the sum of $8,604.61. The said account was stated in writing and it was agreed by Comenity Capital Bank and Defendant that Defendant was indebted to Comenity Capital Bank. Although demand has been 10 made, no part of that sum has been paid or credited except for the amount of $0.00 on said account. 12 13 This results in a total outstanding principal balance due of $ 8,604.61, which is owed to Plaintiff as assignee. 14 15 16 17 19 20 WHEREFORE, Plaintiff prays judgment against Defendants, and each of them as follows: AS TO ALL CAUSES OF ACTION: I, Principal in the sum of $ 8,604.61; 2. Costs of suit incurred in this action; and 3. Such other and further relief as the Court may deem proper. 21 22 FARMAR LAW GROUP, PC 23 24 25 26 27 [ ] MAjfT@W J. KUMAR, ESQ. AL~RZIN, ESQ. ] SALUMEH FARSHIDPANAH, ESQ Attorneys for Plaintiff 28 -5- COMPLAINT FOR MONEY SIPECIAIL IFIINA&'AGIAI6 6 MONTHS I 2 MONTHS Mho.casa Jo Proinotionsl finwtdng available wittt ssd aath ik Beyond Maslercsrd credit card Accounts. Required minimum purchase of 3250 5499 99 for 6 nionths and 8500 or more for 72 months end minimum monthly payments are required Eub/ect to credit approval snd s silsbility. Account must be irt good standing at lime of tn nsaclior Cfle/ vuf d only fur purrhoim oalaie or irt viura ol if ei b/urais. BED BATH 8, hurrfhwRE~IN~ ~ Chn'SfmaSTTEeSfmpa'gg gtg/ffggiABEET FACEVALUES Previous baiarioe Payments Other credits Pumhasss Other debils Cash advance Balanou t uncle. Fees charged interest cttau/ed New ho lance Past due amount Crerlil limit Available credit Cosh credit limit Avrs table cnsh Staiemenl closing date Days in billing cyde 37,351 55 .205 00 0.00 50.50 0.00 0.00 0 00 0.00 'l34 46 4 5361 81 0 00 37,500.00 613539 3I,680 00 313il30 I17/25/201g 31 ~MINN 1st lmtatVB~ Accountno *5'""u'"N8539 PAue I or 4 IsBPVttr'-mHBM smggt New balance Minimum pitpi terri due Paylrient due dale 37,36i.dt 6210 00 08/20/2019 Late payment srarnlng; It we do not receh/e your mrnlmum peyrnetil by 08/20/?019 you msy have to pay up lo a 539 00 tais fes Ifyoum h dditi n I harg s using tilts card d chmonthy up Y You will pay off And ycu will Iheb i n ii w end ppayingan th ot t nt e tlmatedlot I in ab ut, of: le yaws 31/955Only ths rnrrumum psyrttenl 60 j 310068 isavrrtgs artl57I 3 years For Inlorniation regarding credit counseistg services, citli 1-800-2841706 Minimum payment warning: It you make only Ihs minimum paymenl for each period, you w III pay mors in inie esl and it witt lake you longer to pay otl your balances For example 'ccount Questions'. Need to make s payment? 9/asi to knotv how I so psporlms'. I visit comenity neubedbathandbsyoi/d or call I 844 271 2/b/ (TDD/TTY I 886 819 1918 i. want to stay in ttie know I witil credit tips end ws7 Vwit us at racebook.corn/askcornsntLy or at twitter.corn/eskcornenity. germ~ Pll gimafhtnmgahampdlfgtwtdgwa tl mt Rewards Summary: +Current lolai reward dollarS. 55 40 Keep Gtiopplngt Receive a 610 Reward Ceruficate for every 510 you eaml* Earn More Rewardsl Add an authorized buyer to your credit card account to earn points fsslar'isit "My Profile" St C manity net/bedbathar dbeyortd to add someone nowt Go Green! Sign Up for paperleaa statements by logging onto Account Cerltsr at Comsntiy.net/hedhatfiandheyond and clicking on ugoPape/ass's Additional important Message section fo'etails L 07/02/2019 07/10/2019 EXXONMDBIL MCCMI 0 SAN JOSE OA PAYMENT-THANK YOU Fees Totalfee chargedforthlsperiod gsydPIIBMB ETSYfrdlwgcmmlsgy. 7nANs CATE TflANaACTICN CEscllrPTICN/LOCATION AalcUNT 50 50 -205.00 50.00 Interest charged Interest charge on purchases 61 26.04 (cc niNUEC) BED BATH 84 EXHIBIT N. csi l v ~MI im mpaym„gs SRVWIf/I~ A 99 3 Yes, I hove moved or updsted riy e mall sddiess - see rsveise I/tiff'll 'Ill» Ilfflffllflfl f h i ' llfllfffll ffff ff THOMAS K DAVIS 1461 MOUNT WHITNEY DH SAN JOSE CA 051 27 4742 I'ayrnent mrist reacit us by A t I d 8 pm ET on 08/20/2019, Sl Please rriake ciieck payable to DClvlENITY - Bed Bath 6 Beyond»lsstercsrd Please t.iu r li Is po lion alorrg with your payment to PO BOX 659450 BAN ANTONIO TX 76265-9450 lfffffff» I« tiff fl - lfli f f fll irl » f fllfffo » ff I II f fl H6001018 0003H141 000021000 00073kr161 8 pthl pone tmv m od Vlh ly D IfY Ti kVonF dAfklk 0 Yn Slat »! 3Yo tnt«tyntb taypdt lh p h NOTICE OF CREDIT REPORT DtSPIITES DO NOT USE THE ENCLOSEO IIEMITTIINCE ENVE'LOPE, CUStOMEREERVICE Yl to *I ttyn I/b db tl dt y d I'll 'I tlntt:UR y: die I I M I'«'anlittlli) Ity Ill!!11810 IBItn TELEPttONEMDNITORINB I m I y« lnbtt 4 allytt tnoph REtlillEtll, WVIIIT EI1PY, WAIVE INIFfltbl,ERUAL PAYMENT ltm I IN I ttl'I PMT «m IVRIVf I NITRLSt LOW PIYYMENT, Df IIIT PY RB ULI LH I,HLHIVI I'AYbtl Ill HtltUNIIIt: litt INI ttl PY DLI EH INIEHtbl. 100 IL PRYbltNI Dt INI 'W I'Ml Ut I in IN I I Rlbl, I OW I'AYblLNI d LUIV AI'R 1(11'AY t ane lUWMA II, tltUIII Se d Hmq lte t,CUSTOMERSERVICE poB nl83003 0 I b Oi 41EIB-3003 43'tin 3043 NOTICE ABOUT ELECTRONIC CHECK CONVERSIDH Vina I p Id fttto lopiionaO Lect Nemo Sty « t Ad I ".'" Apt No City l lorna Pnone Lm I Addteeb FEBY Name RR Ne I I mmtion tate Z p Code Wo b Pimne Soo Seo No. PO Bon Im tgn tl p Cod alllaFllma NBNI/8 rwnmwm Inmwwimnllnvaa Interest chorgs on cash «dvence tn!erect charge on balance tre nsfer Total interest for this period PA" 8 Bc/ 4 58A2 50.00 8134A6 2018 totals yearto date Total fees cherged in 2019 Total interest charged In 20 1 0 80 00 8ti92.58 I B 519BBIgamrBBmamnFRrt Peur Annual Parce/usus Rale fAPR) on page 2 Icr muw dviees Ml imum TYPEOF tlALANCE Pu cbssss puor to 05/0 I/2015 Purchases prior to 04/05/2017 PurcbssGB Casif edvarces prior lo 04/06/2017 Cash advances ie Ih» annual futsmst rale on your account. See BALANCE COlvlPUTATION METHOD I Iwust chwge mer exf:eed Iulerest charge below, per your credit card Bgrsemsul. BALANCE Sf/BJECT INTEAEST APff TOINTEREST RATF. CHARGE 17,2400% iv) 3,327 7 48 72 22 2400" Iv) I,349 92 26.50 262400' l 2,321.92 "I 82 282400'4 I ) 377 81 8 42 28 2400 i I 000 0 00 Bmg)l~ism Important Rem tn dart If you make a purchase whh this credit card using 8 promodonal plan, the prcmoucnal plan expiration date and payment dus dale msy be dtflersnt. This means that if you have any remaining promogonal plan balance after ihe prcmcgonal plan explraticn date the batanoe and any accrued interest (if appticabls) will mnve lo your regular revolving plan on the next btglng statement. How to avoid or mlnlrnlxs Interest charges: Be sure lo pay any promottonel plan bainnce in full on or before tits plun expiration date shown In the 'Detags of your plans" section of your statement Please also keep an eye out for nodflcations cf when your promotional pinn(s) are nearing their expiration date-you'l sea them in ths red box on page I of your statement If you have questions, please call us loft-free a! 1-844-271.2757 (TDD/i I Y.1.888-ti19-1918) I'0 learn more about how promotional plans work, visit comsnfty corn/hnanc/al-education. We'e always happy to help The Bed Bath and Beyond Mastercardcb credit card Is issued by Comenfty Capgai Bank, pursuant to 6 goenss from Mastercardg international Incorporated. Mastsrcard and the Mastercard Brand Mark are registered trademarks of Mastercard Internagonal Incorpo/ated +This number may not reflect all current earnings due to calculation delays Ag earnings not reflected on this statement whl bs reflected un yufir next bgling Rtatemenl Please view gle Pulnls Summary or Reward Detags secdon at Ccmsnity.net/bedbathandbeyond to vlevf your complete point earnings balance information *Reward Certificates are Issued In $ 10 Increments with your 088ng statement. Flestrlclicns and exclusions apply, see Fteward Certificate for detags. I he Bsd Bath and Beyond Hewarcls Program Is p/ovidsd by Bsd Bath 8 Bsyonr) inc, which is solely responsible lor the program's operation Bed Bath 8. Beyond inc, may change Ihe terms of the program at any gme without notice See Comenlty.net/bedbathandbeyond for full rewards terms and conditions. qb001016 DCIBBN1q2 0000210130 I300726101 Find out how to shop satety online at onguardoniine gov PBQIIIIT OII /OUI'CCOUAt IS BS BBSY BS 1-2-3I Mall payment to; Comenlty Capital Bank PO BOX 559834, BAN ANTONIO, TX 78285-9134 Q Call to sctledule seams-day payment*1.844-271-2757 1 TOD/TTY 1-888-819-1918) To register or sign-in tu your Acr:ount Center visit. Comenity.neubedhathandbeyond DECLARATION OF VENUE I, the undersigned, declare: 1. I am one of the attorneys for Plaintiff in this action. 2. The above-entitled action is subject to the provisions of Code of Civil Procedure Section 395(b). 8 9 10 3. Upon information and belief, venue for this action is proper in the above-entitled Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District. 4. If called as a witness, I would competently so testify. 12 I declare under penalty ofperjury under the laws of the State ofCalifornia that the foregoing 13 14 is true and correct. 15 16 Executed on , at Sherman Oaks, California. 17 18 19 20 21 22 23 [ ] MA'PfHP4'. KUMAR, ESQ.~I IN, ESQ. [ ] SALUMEH FARSHIDPANAH, ESQ. Attorneys for Plaintiff 24 25 26 27 28 COMPLAINT FOR MONEY
