Complaint Limited Up to 10KCal. Super. - 6th Dist.March 17, 2021DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-166ECE8FDEDO PLD-C-001 ATI'ORNEY 0R PARTY WITHOUT ATI'ORNEY (Name. Stare Bar nmnber. andea’dress): FOR coum' USE oNLY FLINT c ZIDE, SBN 160369/5ARKI55 KARAYAN, SBN 316926 LAw OFFICE 0F HARRIS & ZIDE 1445 HUNTINGTON DRIVE, SUITE 300 El t . II fl dSOUTH PASADENA CA 91030 ec ron'fm y ' e TELEPHONE N0:626-799-3444 FAX N0. (Optional): 626-799-8419 by Superlor Court of CA, E-MAILADDRESS (Optional): County of Santa Clara, AWDRNEYFDR N ' PLAINTIFFfame) 0n 3/1 7/2021 12232 PM SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 NORTH iSTSTREET Revnewed By.R. Gwllermo MUNG ADDRESS; Case #21 CV379007 CIWANDZIP CODE: SanJose CA 95113 Env #6052263 BRANCH NAME: SAN 105E COURTHOUSE PLAINTIFF: LVNV Funding LLC DEFENDANT; Gabriel Pena Does 1 To 5, INCLUSIVE CONTRACTE COMPLAINT E AMENDED COMPLAINT (Number).- E CRoss.coMPLA|NT E AMENDED CROSS-COMPLAINT (Number): Jurisdiction (check all that apply): ACTION IS A LIMITED CIVIL CASE Amount demanded X does not exceed $10,000 exceeds $1 0,000 but does not exceed $25,000 21 CV379007E ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)E ACTION IS RECLASSIFIED by this amended complaint or cross-complaint Efrem limited to unlimited Efrem unlimited to limited CASE NUMB ER: 1. Plaintiff“ (name or names): LVNV Funding LLC alleges causes of action against defendant” (name arnames): Gabriel Pena 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) Earl 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 (speciflI): 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 Sc. 4. a. Each defendant named above is a natu ral 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)a a public entity (describe): (4)E a pu blic entity (describe): (5) Eother (specific; (5)E other (specify): * If this form Is used as a cross-cornplalm: flalnflff means cross-oomplalnant and defendant means cross-defendant. Page 1 of 2 Fzmml’rgofigfigfigfmnfiw TA0496 80 COMPLAINT-Conh'act Code oi Civil Procedure, § 425.12 PLD-oom [Rem January 1,2007] DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-166ECE8FDEDO PLD-C-001 SHORT TITLE: LVNV Funding LLC Vs. Gabriel Pena CASE NUMBER: 4. (Continued) b. The true names of defendants sued as Does are unknown to plaintiff. (1) D Doe defendants (specify 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_ E Defendants who are joined under Code of Civil Procedure section 382 are (names): 5. E Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D i5 excused from complying because (specifll): 6. D This action is subject to D Civil Code section 1812.10 E Civil Code section 2984.4. 7. This court is the proper court because . D a defendant entered into the contract here.E a defendant lived here when the contract was entered into. a defendant lives here now. . E the contract was to be performed here. . E a defend ant is a corporation or unincorporated association and its principal place of business is here.D real property that is the subject of this action is located here. - other (specify): ccp 395(3) nsmaprm 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_ Other anegations; Plaintiff is a debt buyer and the sole owner/assignee of an agreement entered into by defenda nt(s) on a credit card account ending in 5712 with Plaintiff’s predecessor Credit One Bank, N.A. Plaintiff having taken said assignment forvalue. This account was purchased by plaintiff after 1/1/14. 1D. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for a. damages of: $ $1,803.93 b. D interest on the damages (1)E according to proof (2)D at the rate of (special): percent per yearfrom (date): c. D attorney's feesmm or; $ (2)D according to proof. d. m other (specitw: SUCH OTHER RELIEF As THE COURT DEEMS PROPER. 11. D The paragraphs of this pleading alleged on information and belief are as follows (specifi/ paragraph numbers): DocuSigned by: Date: 03/12/2021 web FLINT C. ZIDE D SARKIS S. KARAYAN ’ (rYPE 0R PRINT NAME) (SIGNATURE 0F PLAINTIFF 0R ATrORN EV) (Ifyou wish to verify this pleading, afiix a ven'ficatian.) PLD-oum [Rem January 1,2007] COMPLA|NT_Cantract Fag. 2 of 2 D8746D55DB42493.,. DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-166ECE8FDEDO PLD-c-oo1(2) SHORT TITLE: LVNV Funding LLC Vs. Gabriel Pena CASE NUMBER: FIRST (number) CAUSE 0F ACTION-Common Cou nts ATTACHMENTTO Complaint D Cross-Complaint (Use a separate cause ofactr'on form for each cause of action.) 001. Plaintiff (name): LVNV Funding LLC alleges that defendant (name): Gabriel Pena 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. m 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.D the sum of $D the reasonable value. (3) E for good s, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiffD 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 (specifil): 00-2. $ , which i5 the reasonable value, is due and unpaid despite plaintiffs demand, plus prejudgment interest D according to proof D at the rate of percent per year from (date): CC-3. D Plaintiff i5 entitled to attorney fees by an agreement or a statute (:04. m Other: D of$D according to proof. $1,803.93, 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 off ended in 5712, 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. $1,803.93 was the bala nce at time of charge off, as shown by Attachment 1. The last payment was made on this account on October 29, 2018, as shown by Attachment 2. The debtor's name and address appeared in the original creditor's records priorto 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 off are as follows on Attachment 3. Plaintiff has complied with Civil Code Section 1788.52. Page Page 1 of 1 Form Apprm‘ed far Optlonal Use _ Code of Clvll Procedure, § 425.12 Judicial Council of Callfomla CAUSE OF ACTION common counts wwwcourflnfo‘ca‘gov PLD-C-omm [Rem January 1,2009] DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-1 66ECE8FDEDO ATTACHM ENT ”1” DocuSign Envelope ID: F58E7D00-E21 C-45FA-A4B0-1 GGECEBFDEDO Account Numbe EDIT CARD STATEMENT 5712 May 09, 2019 to June 08, 2019 PAYMENT INFORMATIONSUMMARY OF ACCOUNT ACTIVITY Previous Balance $1 ,727.46 Payments - $0.00 Other Credits - $0.00 Purchases + $0.00 Cash Advances + $0.00 Fees Charged + $43.25 Interest Charged + $33.22 New Balance $1 £03.93 Credit Limit $1 ,300.00 Available Credit $0.00 Statement Closing Date 06/08/19 Days in Billing Cycle 31 New Balance Past Due Amount Amount Due This Period Minimum Payment Due Payment Due Date Late Payment Warning: If we do no‘ receive your minimum payment by the date listed above, you may have m pay a Ia‘e fee up to $35. Minimum Payment Warning: If you make only me minimum payment each period, you will in interest and it will take you longer to pay off your balance. For example: $1 ,803.93 $527.00 $1 ,31 1 .93 s1 ,803.93 07104119 pay more QUESTIONS? Call Customer Service or Report a Lost or Stolen Credit Card Outside the U.S. Call 1-877-825-3242 1-702-405-2042 Please send billing inquiries and correspondence to: If you make no additional charges using this card and You will pay off the balance Shawn on the statement in And you will end up paying an estimated each month you pay... about... total of... Only me minimum paymem 1 momhs $1,804.00 P.O. Box 98873, Las Vegas, NV 891 93-8873 If you would like a Iocafion for cred“ counseling services. call 1-866-515-5720. TRANSACTIONS Reference Number Trans Date Pos‘ Da‘e Description of Transaction or Credit Amount Fees F5727004YOOOCYLAC 06/08 06/08 ANNUAL FEE 07/19 THROUGH 07/19 8.25 06/08 06/08 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 43.25 Interest Charged 06/08 06/08 Interest Charge on Purchases 33.22 06/08 06/08 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 33.22 2019 Totals Year-to-Date Total fees charged in 2019 $259.50 Total interest charged in 2019 $185.19 YOUR ACCOUNT IS SCHEDULED T0 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 26. 1 5%(v) $1 524.59 $33.22 Cash Advances 26.15%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 8 190607 0 CX PAGE 1 0H 2 0 5727 9620 M152 O1GR5385 Please return this portion with your payment and write your account number on your check. made payable to CRED(T ONE BANK, """‘W PAY YOUR BILL ON LINE at CreditOneBank.com Credi fifigfi AccountNumber: B A N K New Balance: $1,803.93 Minimum Payment Due: $1 ,803.93 Payment Due Date: 07/04/19 For address, ‘elephone and email changes. please complete the reverse side. Or, update your contam information online 3% www.CreditOneBankoom. AMOUNT ENCLOSED: ||||||||-"'II'IIIIII'I'II'II'IIII'I'llII'II-"mII'II'IIIIIIIII GABRIEL PENA 3934 BARONET CT SAN JOSE CA 95121-1405 CREDIT ONE BANK PO BOX 60500 CITY OF INDUSTRY CA 91716-0500 DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-1 66ECE8FDEDO ATTACHM ENT ”2” DOCUSign Envelope ID: F58E7D00-E21 C-45FA-A4BO-1 GGECEBFDEDO EDIT CARD STATEMENT AccountNumber- 5712 October 09, 2018 to November 08, 2018 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $1 ,1 08.95 New Balance $1 227.31 Payments - $56.00 Past Due Amount $0.00 Other Credits - $0.00 Amount Due This Period $62.00 Purchases + $122.49 Minimum Payment Due $62.00 Cash Advances + $0.00 Payment Due Date 12/04118 Fees Charged + $28.20 . Late Payment Warning: IntereSt Charged + $23'67 If we do no‘ receive your minimum payment by the date listed above, New Balance $1 227-31 you may have m pay a late fee up to $35. . . . Minimum Payment Warning: creqn L'm't _ $1 '300'00 If you make only me minimum payment each period, you will pay more Avallable cred“. $7200 in interest and it will take you longer to pay off your balance. Statement Closmg Date 11/08/18 Days in Billing Cycle 31 For example: If you make no You will pay off the And you will QUESTIONS? additional charges balance Shawn on end up paying Call Customer Service 0r Report using this card and the statement in an estimated a Lost or Stolen Credit Card 1677-8253242 each momh you pay... about... total of... Outside the U.S. Call 1-702-405-2042 I I Only me mlnlmum Please send billing inquiries and correspondence to: paymem 5 years $1,926.00 P.0. Box 98873, Las Vegas, NV 89193-8873 $49.00 3 years $1 ,778.00 (Savings: $148.00) If you would like a location for cred“ counseling services, call 1-866-515-5720. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount 7407193MYO0XTMJLP 10/29 10/29 INTE RNET PAYMENT LAS VEGAS NV -56_00 2469216N32XNJKOVW 11/03 11/03 AMZN Mktp US*M846E1VD1 Amzn.com/bil| WA 11.99 2469216N32XNNJQMQ 11/03 11/03 AMZN Mktp US*M85YL1V12Amzn.com/bil| WA 100.58 2442733N7LM98F29R 11/06 11/06 MCDONALD'S F24239 SAN JOSE CA 9.92 Fees F572700M2000Y5 10/30 10/30 CREDIT LIMIT INCR FEE LAS VEGAS NV 19.95 F572700N8000CYLAC 11/08 11/08 ANNUAL FEE 12/18 THROUGH 12/18 8.25 TOTAL FEES FOR THIS PERIOD 28.20 Interest Charged 11/08 11/08 Interest Charge on Purchases 23.67 11/08 11/08 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 23.67 2018 Totals Year-to-Date Total fees charged in 2018 $357.65 Total interest charged in 2018 $186.34 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 25.90%(v) $1 ,096.76 $23.67 Cash Advances 25.90%(v) $0.00 $0.00 (v) = Variable Rate 5385 JBH 001 7 8 181108 0 PAGE1DH 20 5727 9620 M152 O1EO5385 Please return this portion with your payment and write your account number on your check. made payable to CRED(T ONE BANK, """"‘ 3 PAY YOUR BILL ON LINE at CreditOneBank.comO ,t' ® Cred, fifig Account Number: B A N K New Balance: $1 227.31 Minimum Payment Due: $62.00 Payment Due Date: 12/04/18 For address, ‘elephone and email changes. please complete the reverse side. Or, update your contam information online 3% www.CreditOneBankoom. AMOUNT ENCLOSED: CREDIT ONE BANK GABRIEL PENA PO BOX 60500 3934 BARONET CT CITY OF INDUSTRY CA 91716-0500 SAN JOSE CA 95121-1405 DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-1 66ECE8FDEDO ATTACHM ENT ”3” DocuSign Envelope ID: F58E7D00-E21C-45FA-A4B0-166ECE8FDEDO ACCOUNT SUMMARY REPORT 1f251'202‘l 11:21 :39 AM This accounrsummary has been preparedby Resurgem Capirai Services on behalf off.WVFunding LLC. n is nota [:de card or other account statement from me original crecfimr. Borrower Information I I Current Account Inform alion Name: GABRIEL FENA Owner: LVNV Funding LLC Add fess: 3934 Baronet Ct Reference fl: 63471 0034 City: San Jose OriginalCreditor: Credit One Bank, NA State: CA Account Number: WWW 2i: Code: 951 21-1405 Current Balance Due: $1803.93 Date of Last Payment: 10129J'20 1 B I Recent Payment Transactions No Transactions Found Historical Account Information The original creditor for this accou nt was: Credit One Bank, NA PD. Box 98873 Las Vegas. N‘u’ 89193 The origination date with original creditor was: 12m1f2fl1 5 The charge-ofi creditor for this account was: Credit One Bank. NA The address of the chargeofi creditor was: PD. Box 98873 L35 Vegas. NV 891 93 The accou nt charge-ofi date was: 0610 9I201 9 The accou nt charge-offamou nt was: $1 £03.93 The accou nt was acquired on or about UTIZBIZM 9 The account balance at time of acquisition: $1 £03.93 The borrower's address from chargenfi 3934 BARONET CT credilor's records: SAN JOSE, CA 951 21-1405 This communicafion is 170m a debt collectorand this is an attempt ID called a debt Any inflammation obtained will be used for that purpose. Page ‘I of2 DocuSign Envelope ID: F58E7D00-E21C-45FA-A4B0-166ECE8FDEDO ACCOUNT SUMMARY REPORT 1mfl21 11:21 :42 AM Ownership History Date Of Transfer OwnerrCredilor Name DwnerfCred "nor Address 051301201 9 Cre dit One Bank, NA FD. Box 93873 Las Vegas, NV 891 93 UTIZBIZU‘I 9 MHC Re ceivables. LLC and 6801 S. ‘Cimarrun Road Suite FNBM, LLC 423-E Las Vegas, NV 891 1 3 {JTQBJEO‘IQ Sherman Originator ||| LLC PD. Box 10456 C10 Resurgent Capital Services Greenville, SC 29603 LF' {17:23am 9 Sherm an Originator LLC PD. Box 10466 CJU-ResurgentCapital Services Greenville, SC 29603 LP LVNV Funding LLC PD. Box 10456 CID Resurgent Capital Services Greenville, SC 296fl3 LF' Pagefl uf2 I I DocuSign Envelope ID: F58E7D00-E21C-45FA-A4BO-166ECE8FDEDO \OOOQONUI-PUJNH NNNNNNNNNHb-Ab-AHb-Ab-AHb-Ab-AH OOQONUI-PUJNHO\OOOQC\VJI-PWNHO 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 0r 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. 03/12/2021Executed at South Pasadena, California. [DocuSigned by: D8746D55D342493... FLINT C. ZIDE DSARKIS S. KARAYAN
