Complaint Limited Up to 10KCal. Super. - 6th Dist.March 17, 202110 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED 3/1 7/2021 1:04 PM . Clerk of Courtglle NO' 20 24770 O SuperiorCourtofCA,obert Scott Kennard State Bar NO. 117017 CountyofSanta Clara 21CV379019Grace 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 Reviewed By: R. Guillermo Attorneys for Plaintiff CAVALRY SPV I, LLC as assignee of Citibank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL CASE CAVALRY SPV I, LLC as assignee of CASE No. 21CV379019 Citibank, N.A. COMPLAINT FOR ACCOUNT STATED; Plaintiff, MONEY LENT VS. (DEMAND AMOUNT: $996.02) AMY BLALOCK CASTILLO and DOES 1 to 10, Inclusive, Defendants. Plaintiff alleges and complains as follows: PRELIMINARY ALLEGATIONS Plaintiff, CAVALRY SPV I, LLC, as assignee of Citibank, N.A., as issuer of the 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 l to 10, Inclusive, are unknown to Plaintiff, who therefore sues those Defendants under, pursuant to, COMPLAINT - l 10 11 12 13 14 15 l6 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 l 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 l, 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 - 2 10 11 12 13 14 15 l6 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 card account. The address of the charge-off creditor at the time of charge-off was PO BOX 78045 Phoenix, AZ 85062-8045. The last four digits of the charge-off account number are XXXXXXXXXXXX9288. 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 AMY BLALOCK CASTILLO, 3333 WALTON WAY SAN JOSE, CA 95117. lO. 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 105951373. ll. Plaintiff is informed and believes and thereon alleges that Defendant AMY BLALOCK CASTILLO is an individual who resides in the City of San Jose, County of Santa Clara, 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). /// COMPLAINT - 3 10 11 12 13 14 15 l6 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. l4. The balance due at charge off was $996.02. After deduction for all post charge off offsets and credits, if any, there is now due, owing and unpaid from Defendant to Plaintiff the current balance of $996.02, and upon information and belief there is $0.00 in post charge-off fees and $0.00 in post charge-off interest. 15. Defendants were indebted to the charge-off creditor, Citibank, N.A., as issuer of the card account, in the amount of $996.02 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 (l5 U.S.C. $ 1666 et seq.). l6. The date of last payment made on the account was June 20, 2019. l7. Prior to filing this complaint, all right, title and interest in the account which is the subject of this lawsuit, Account Number XXXXXXXXXXXX9288, was sold and assigned by Citibank, COMPLAINT - 4 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 N.A. as issuer of the credit card account, to CAVALRY SPV I, LLC. CAVALRY SPV I, LLC is the sole owner of the debt at issue. l8. 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. l9. 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 $996.02 and together With costs of suit. SECOND CAUSE OF ACTION (Money Lent) 20. Plaintiff repeats and repleads and incorporates by reference the allegations made in Paragraphs l through 2O of this complaint. 21. The balance due at charge off was $996.02. After deduction for all post charge off offsets and credits, if any, there is now due, owing and unpaid from Defendant to Plaintiff the current balance of $996.02. 22. Within the last four years, Defendant became indebted to the charge-off creditor, Citibank, N.A., credit card account, in the amount of $996.02 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. 23. The date of last payment made on the account was June 20, 2019. COMPLAINT - 5 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. 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 $996. together With costs of suit. WHEREFORE, plaintiff prays for judgment against Defendants, each of them, jointly and severally, as follows: FOR THE FIRST CAUSE OF ACTION (l) Damages in the sum $996.02; (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 $996.02; (2) Costs of Suit and; (3) Such other relief as the Court may deem just and proper. NELSON & KENNARD Dated: March 8, 2021 By: r’flffiigagfifi;flffl GRACE ESSE" Attorney for Plaintiff COMPLAINT - 6 02 and 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION I, GRACE ESSE, declare: l. 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: March 8, 2021 GRACE Essfi EXHIBIT A Citi® Double Cash Card AMY BLALOCK CASTILLO Member Since 2016 Account number ending in: 9288 Billing Period:05/24/19-06/25/19 JUNE STATEMENT Minimum payment due: New balance as of 06/25/19: Payment clue date: $27.35 $656.30 07/21/19 See,the last pa e of this statement for important information about how to aVOId paying In erest on purchases. 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 $39 and your APRs 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 balance shown on this statement in about... And you will end up Paying an estimated otal of... Only the minimum payment 3 year(s) $959 For information about credit counseling services, call 1-877-337-8187. OOOOOO MC 32 A O AMY BLALOCK CASTILLO 3333 WALTON WAY SAN JOSE CA 95117-3076 Pay your bill from virtually anywhere with the Citi Mobile® App and Citi® Online To download:a Text 'AppIS' to MyCItl (692484)or go to your device's app store. Or visit www.citlcards.com www.citicards.com Customer Service 1-855-473-4583 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary Previous balance $935.95 Payments -$300.00 Credits -$0.00 Pu rchases +$0.00 Cash advances +$0.00 Fees +$0.00 Interest +$20.35 New balance $656.30 Credit Limit Credit limit $800 Includes $300 cash advance limit Minimum payment due $27.35 New balance $656.30 Payment due date 07/21/19 Amount enclosed: Account number ending in 9288 CITI CARDS PO BOX 78045 Phoenix, AZ 85062-8045 www.citicards.com Customer Service 1-855-473-4583 Page 2 of 2 TTY-hearing-impaired services only 1-800-325-2865 AMY BLALOCK CASTILLO Account Summary Trans. Post date date Description Amount Payments, Credits and Adjustments 06/20 ONLINE PAYMENT, THANK YOU -$300.00 Fees charged Total fees charged In thls bllllng perlod 50-00 Interest charged Date Description Amount 06/25 INTEREST CHARGED TO STANDARD PURCH $20.35 Total interest charged in this billing perlod 520-35 2019 totals year-to-date Total fees charged in 2019 $142.00 Total interest charged in 2019 $114.72 Interest charge calculation Days in bnnng cycle:33 .XFEHFAPEHE'.RETSEH‘EEEFit}.9.33).?.FU?.?FFUH?.'..‘UFSFSSIIETSB’IY9HFEFEF’.‘.‘.'FT: ............................ Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge EHRSHAEE§ ............................................................................................................................... Standard Purch 25.24% (v) $891.74 (D) $20 35 A_PYANEEfi _________________________________________________________________________________________________________________________________ Standard Adv 27.49% (V) $0.00 (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 with Arc Design are registered service marks of Citigroup Inc. EXHIBIT B Citi® Double Cash Card AMY BLALOCK CASTI LLO www.citicard s.com Member Since 2016 Account number ending in: 9288 Customer Service 1-355-473-4533 Bllllng PerlodI12/25/19-01/23/20 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 JANUARY STATEMENT AccPunt Summary Minimum payment due: $996.02 PreV'OUS balance 5976-18 New balance as of 01/23/20: $996.02 Payments '50-00 Payment due date: 01/23/20 cred'ts 'SO-OO See,the last pa e of this statement for important information about how to PurChaseS +$O'OO aVOId paying In erest on purchases. Cash advances +$O_OO Fees +$0.00 Late Payment Warning: If we d0 not receive your minimum payment by the IntereSt +$19-84 date listed above, you may have to pay a late fee of up to $39 and your APRs New balance $996.02 may be increased up to the Penalty APR of 29.99%. Minimum Payment Warninq:|f you make only the minimum payment each cred't L'm't period, you will pay more in interest and it will take you longer t0 pay off your Credit limit $800 balance- For example: Includes $300 cash advance limit 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... otal of... Only the minimum payment 1month(s) $996 For information about credit counseling services, call 1-877-337-8188. Pay your bill from virtually anywhere Minimum payment due $996.02 with the Citi Mobile® App and Citi® Online T New balance $996.02 o download:w Text.App15.to Mycmwgnu, Payment due date 01/23/20or go to your device's app store. Or visit www.cltlcards.com Amount enclosed: oooooo Mc 32 A o Account number ending in 9288 AMY BLALOCK CASTILLO CITI CARDS 3333 WALTON WAY PO BQX 78045 SAN JOSE CA 95117-3076 Phoenlx. AZ 85062-8045 ma- www.citicards.com Customer Service 1-855-473-4583 TTY-hearing-impaired services only 1-800-325-2865 AMY BLALOCK CASTILLO Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period 50-00 Interest charged Date Description Amount 01/23 INTEREST CHARGED TO STANDARD PURCH $19.84 Total Interest charged In thls bllllnq period $19.84 2020 totals year-to-date Total fees charged in 2020 $0.00 Total interest charged in 2020 $19.84 Interest charge calculation Days in bnnng cycle:3o XRHFAPPHfi'.RETEET'E???FEES$533115.Hie.?.??PHfi'.F??????IEFSR'IYRHFE‘EERHWF:____________________________ Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge .EPBEHA$.E§ ............................................................................................................................... Standard Purch 24.49% (v) $985.74 (D) $19 84 ADMANEEfi _________________________________________________________________________________________________________________________________ Standard Adv 26.74% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate 0n 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 with Arc Design are registered service marks of Citigroup Inc. Page 2 of 2
