Complaint Limited Up to 10K

Cal. Super. - 6th Dist.March 18, 2021

E-FILED 3/18/2021 2:02 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV379128 Reviewed By: R. Cachux 21CV379128 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LUIS DUENAS/SBN 271873 MARTIN WEINGARTEN/SBN 201906 JUSTIN RYAN/SBN 261672 Persolve Legal Group, LLP 9301 Corbin Avenue, Suite 1600 Northridge, CA 91 324 866-438-1259; 818-534-3100; 818-534-3 140 (FAX) Refer to File Number: CI 904069 Attorneys for Plaintiff DNF Associates, LLC SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURTHOUSE DNF Associates, LLC, CASE NO. Plaintiff, COMPLAINT FOR MONEY BASED 0N: vs. l) Breach of Contract; ROGELIO Z HERNANDEZ, an individual; 2) Money Lent; and DOES 1-100, inclusive, 3) Open Book Account; and 4) Account Stated. Defendants. Amount Demanded: $3,839. 12 PlaintiffDNF ASSOCIATES, LLC ("Plaintiff"), complains and alleges as follows: 1. This suit concerns an account that was purchased by DNF Associates LLC, the successor in interest to STERLING JEWELERS, INC. DBAKAYJEWELERS ("Original Creditor") after January 1, 201 4, and therefore, is subject to California Civil Code section 1788.50, et seq. Pursuant to California Civil Code section l788.58(a)(1) - (9): 2. DNF Associates LLC is a debt buyer. 3. ROGELIO Z HERNANDEZ, an individual, ("Defendant") entered into a written agreement with the Original Creditor, the material terms of which established an account (the "Agreement"). The Original Creditor thereafter advanced funds to Defendant(s), and each of them, pursuant to the terms of said Agreement. Attached hereto as "Exhibit l" and incorporated herein by reference is a true and correct copy ofthe Account Summary and last purchase on the account. 1 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Defendant(s) are in default as Defendant(s), and each of them, have failed to make timely payments pursuant to the terms of the Agreement. The last payment date before charge off is April 15, 201 7. The amount due at charge offwas $3,839. 1 2. There is now due and owing to Plaintiffthe unpaid sum of $3,839. 12, together with interest thereon at the rate of 10% from the charge off date of December 13, 201 7. 5. DNF Associates LLC is the sole owner 0f the account at issue. 6. The last known address that the Charge-Off Creditor had for Defendant(s) is: ROGELIO Z HERNANDEZ, 2502 Sleepy Hollow Ln, 2502 Sle, San Jose CA 951 16-3749. 7. Prior to the commencement of this action, STERLING JEWELERS, INC. DBA KAY JEWELERS, PO BOX 3680, AKRON, OH, 44309-3680 who is the creditor at charge off, for valuable consideration, assigned, transferred, and set over t0 DNF Associates LLC, 2351 N Forest Rd, Ste 110, Getzville, NY 14068, Defendant's KAY JEWELERS account number * *****1 595 ("the within indebtedness") which is the account number at charge off. Plaintiff is now the holder of the assigned rights in its chose in action of said claims and has the authority to assert the rights of all owners of the debt at issue. 8. Plaintiff has complied with section 1788.52 of the California Civil Code. 9. AI all times mentioned herein, Plaintiff, DNF ASSOCIATES, LLC was, and is, a limited liability COmpany formed and maintained under and pursuant t0 the laws 0f the State of Delaware, and has complied with all requirements t0 transact business in the State 0f California. 10. This cause of this complaint is being brought in this jurisdiction and venue due to the fact that Defendant(s) currently reside(s) here. 1 1. The true names and capacities 0f Defendant DOES 1 through 100, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each Defendant named as a DOE is responsible for each and every obligation hereinafter set forth. // // // 2 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 12. Plaintiff is further informed and believes, and thereon alleges, that each Defendant named in this Complaint, was at all times herein mentioned, and now is, the agent and employee of each of the other Defendants herein, and was at all such times acting within the course and scope of said agency and employment. 13. Plaintiff is informed and believes, and thereupon alleges, that at all times herein mentioned, the Defendant(s), and each 0f them, is responsible in some manner for the occurrences herein alleged, and that the Plaintiff‘s damages, as hereinafter alleged, were proximately caused by the acts of such Defendant(s), and each of them. FIRST CAUSE 0F ACTION (Breach 0f Written Contract Against All Defendants) 14. Plaintiff repeats, re-alleges and incorporates herein by reference the allegations of paragraphs 1 through 13, inclusive, as though set forth at length herein. 15. Defendant(s) entered into a written agreement with the Original Creditor, the material terms of which established an account. The Original Creditor thereafter advanced funds to Defendant(s), and each of them, pursuant t0 the terms 0f said Agreement. 16. Theretofore and thereafter, the Original Creditor duly performed or was excused fi'om performing all terms and conditions 0f said Agreement 0n its part to be performed. 17. Defendant(s) are in default as Defendant(s), and each of them, have failed t0 make timely payments pursuant to the terms of the Agreement. There is now due and owing to Plaintiff, by virtue of the assignment alleged in paragraph 7 0f this Complaint, the unpaid sum of $3,839.12, together with interest thereon at the rate of 10% from the charge off date of December 13, 201 7. I8. Plaintiff has retained an attorney to prosecute this action, and is therefore entitled to reasonable attomeys' fees pursuant t0 statute. SECOND CAUSE 0F ACTION (Money Lent Against All Defendants) 19. Plaintiff repeats, re-allegcs and incorporates herein by reference the allegations 0f paragraphs l through 18, inclusive, as though set forth at length herein. // 3 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. Defendant(s), and each of them, became indebted to the Charge Off Creditor, in the amount 0f $3,839. l 2, plus interest from the charge off date of December 13, 2017, for monies paid, lent and expended for and at the instance and request of Defendant(s), and each 0f them. 2]. There is now due and owing t0 Plaintiff, by virtue ofthe assignment alleged in paragraph 7 0f this Complaint, the unpaid sum 0f $3,839. 12, together with interest thereon at the rate of 10% from the charge off date of December l3, 2017. THIRD CAUSE 0F ACTION (Open Book Account Against All Defendants) 22. Plaintiff repeats, re-alleges and incorporates herein by this reference all allegations set forth in paragraphs 1 through 21 inclusive, as though set forth at length he_rein. 23. Within the last four years, Defendant(s) and each ofthem, became indebted t0 the Original Creditor 0n an open book account per California Code of Civil Procedure section 337a, in the sum of $3,839. 1 2. 24. There is now due and owing to Plaintiff the unpaid sum of $3,839.12, together with interest thereon a1 the rate of 10% from the charge off date of December l3, 201 7. FOURTH CAUSE 0F ACTION (Account Stated Against All Defendants) 25. Plaintiff repeats, re-alleges ahd incorporates herein by this reference all allegations set forth in paragraphs 1 through 24 inclusive, as though set forth at length herein. 26. An account was stated by and between the Charge Off Creditor, and Defendant(s), and each of them, wherein it was agreed that Defendant(s), and each of them, were indebted to the Charge Off Creditor in the sum of$3,83 9. 12. 27. No part ofsaid sum has been paid since April 15, 20 1 7, although demand for full payment has been made. There is now due and owing to Plaintiff, by virtue ofthe assignment alleged in paragraph 7 0f this Complaint, the unpaid sum 0f $3,839.12, together with interest thereon at the rate of 10% from the charge off date 0f December 13, 201 7. // // 4 COMPLAINT FOR MONEY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiffprays forJudgment against Defendant(s), and each ofthem, as follows: AS TO ALL CAUSES 0F ACTION: 1. For damages in the principal sum of $3,839.12; 2. For interest thereon at the rate of 10%, from the charge off date 0fDecember 13, 201 7; 3. For reasonable attomeys‘ fees pursuant to statute; 4. For costs of suit incurred herein; 5 For such other and further relief as the Coun may deem just and proper. DATED: 3/ 5/Zo'M Persolve Legal Group, LLP D LUIsfifiUENAS/SBN 271 873 CI MARTIN WEINGARTEN/SBN 201906 mUSTIN RYAN/SBN 261672 Attorney for Plaintiff AFFIDAVIT 0F VENUE I, the undersigned attorney for the plaintiff in the within entitled action, make this affidavit pursuant to California Code of Civil Procedure sections 395(b) and 396a. This action is filed in this judicial district because, according to my client, the Defendam(s) currently reside(s) here. I declare under penalty 0f perjury, under the laws of the State of California, that the foregoing is true and correct. l make this declaration on 3/5fi 2’2! , at Northridge, Califomia. D LUI ENAS/SBN 27187?” D MARTIN WEINGARTEN/SBN 201906 BJUSTIN RYAN/SBN 261 672 Attorney for Plaintiff 5 COMPLAINT FOR MONEY EXHIBIT 1 JEWE Account Summary for ROGELIO HERNANDEZ Account Information a: of CIBEBIEOIS Account Number >O<>OOO<1595 lBining Date lonzxzol? ’Paymem Due Date 1110799017 aPast Due Amount $1,330.00} QMinimum Monthly $190.00 iPayment . ?Total Due $1,520.00] 'Balance" $3,839.12! iAvaiIabIe Credit $0.001 Last Payment Date 04f15j2017l Last Payment Amount $190.00-l " Does not include transactions lI identified as pending. Plan I Date I L E Y. S ROGELIOVZ HERNANDEZ 2502 SLEEPY HOLLOW LN 25025LE I ‘ _7 W SAN JOSE, CA 95116-37491 Home Phone: 408-708-?661 mm Phone: 100013-6429 desired month in the list below, Wou can view past statements here by selecfing the F Pa}; Bill By~Check. Activity Since Last Statement {from ’1'un‘2nmno nzmshula'} Description Close Account Lookup Wednesday, February 28, 2018 06:28:38 PM EST KAY JEW'ELERS #1291 WESTFIELD OAKRIDCE 925 Blossom Hill Rd., STEV24 SAN JOSE, CA 951230000 Date: 09f11j2016 Time: 16:03:52 Sales Slivp.~iD': 21279 Cardholder: HERNANDEZ, RO Account No: W595 Purchase Price: $2480.14 Down Payment: $200.00 Credit Plan: REC Payment Protection Plan Rate: $0.472 per $100 YOU MAY RETURN YOUR PURCHASEWITHIN 60 DAYS OR D VISAxMASTERCARD_ . .200 # wwwwwwwfi*fl*fi70?2’ APRV‘Oilgas Ppp=v TOTAL Down pAvMENT’ 200 PPP SP OOOIZTSO? 000268991 # ******1595 REG CREDIT PLAN 2280. CREDIT AUTHORIZATION AAOOIBBO SLSPRSN 00012780? 000268991 lOOTHHANNIV REDEEMED ENABLE # 2Y29YB?K 100 ENABLE # 428F4GF? 200 ENABLE # SBJFhBFG 600 01d .10 .00 99 409: £95. 91:4 ES.- ;00‘ 14 .00 .00 .00