Complaint Limited Up to 10KCal. Super. - 6th Dist.April 27, 2021E-FILED 4/27/2021 12:48 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380949 Reviewed By: K. Himes 21CV380949 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew W. Quall, #183759 Ranjeet K. Brar, #297142 Tiffany A. Pack, #323 1 59 Claudia Yvette Case, #328212 Ingrid V. Caero, #317349 Quall Cardot LLP 205 East River Park Circle, Suite #1 10 Fresno, California 93720 (888) 289-1231 Phone (559) 418-0330 Fax Attorneys for Plaintiff CAVALRY SPV I, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Santa Clara CAVALRY SPV I, LLC, Case No. Plaintiff, Limited Civil Case V. COMPLAINT FORCOMMON COUNTS MAKSIM V SEMENOV , an individual; and 1. Account Stated DOES 1 through 100, inclusive, 2. Open Book Defendants. Demand Amount: $4,905.01 BACKGROUND ALLEGATIONS 1. At all times herein mentioned, Plaintiff was, and now is, a limited liability company with its principal place of business located in Valhalla, New York, and at all times mentioned herein, was, and now is, authorized to do business in the State of California. 2. Plaintiff is ignorant 0f the true names and capacities of Defendants sued herein as DOES 1 through 50, inclusive, and therefore sues these Defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and, on that basis, alleges that each 0fthese fictitiously named Defendants is responsible in some manner for the acts or omissions in this Complaint, and that Plaintiff‘s damages and injuries were proximately caused by the acts or omissions 0fthese Defendants. 3. Plaintiff knows the identities 0f DOES 51 through 100, inclusive, believes they Complaint for Common Counts - 1 - \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 have damaged it, but is unaware of their capacity or conduct as described in this Complaint. Because Plaintiff is ignorant of their capacity 0r conduct, it sues them fictitiously. Plaintiff will seek leave to amend the Complaint when it has knowledge 0f facts indicating the true nature 0f their capacity and conduct in the events described in this Complaint. 4. At all times mentioned in this Complaint, each Defendant was the agent, servant, and/or employee of each of the remaining Defendants and was, in doing the things complained of, within the scope 0f his, her, 0r its agency and employment, and acting with full knowledge or subsequent ratification 0f his, her, or its principals or employees. 5. Defendants, and each 0f them, reside in this Judicial District. The account herein described was entered into and/or performed in this Judicial District such that this Judicial District is the proper venue for this action. (California Code of Civil Procedure section 395.) The obligation sued upon is not subject to the provisions of California Civil Code section 2984.4, nor California Civil Code section 18 1 2. 1 0. 6. Plaintiff is a debt buyer that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, as defined in California Civil Code section 1788.50, subdivision (a)(l). The nature of the underlying debt and transaction which forms the basis for this complaint stems from the issuance of credit on an account Defendant(s) held with Citibank, N.A. account number ending in 9750 (hereinafter referred to as the “Account”), and Defendant(s)’ failure to pay the balance due on the Accomt, resulting in a default on the Account by Defendant(s). 7. Plaintiff is the sole owner ofthe Account which forms the basis for this Complaint. 8. As 0f 08/24/2018, the date the Account was charged offby Citibank, N.A., the balance on the Account was $4,945.47. Subsequent to charge-off there were adjustments and/or credits applied to the Account, leaving a balance of $4,905.01. 9. The last payment on the Account by Defendant(s) was 01/19/201 8. 10. At the time the Account was charged-off, the name and address of the charge-off creditor and the charge-off creditor’s account number associated with the Account was: Citibank, N.A., BOX 6500 SIOUX FALLS, SD 571 17, account number ending in 9750. Complaint for Common Counts - 2 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 1 . The name and last known address ofthe Defendant(s) as they appeared in Citibank, N.A.’s records prior to the sale of the Account was MAKSIM V SEMENOV 230 BRYANT ST APT 13 MOUNTAIN VIEW, CA 940410000. 12. The names and addresses of all persons 0r entities that purchased the Account after charge-off, including Plaintiff are as follows: Cavalry SPV I, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies 0f the chain of title reflecting the purchasers of the Account up through and including Plaintiff are attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 1.) A11 rights, title, and interest in the Account, which is the subject of the lawsuit were assigned to Plaintiff. 13. Plaintiff has complied with California Civil Code section 1788.52. 14. A true and correct copy of a contract or other document described in subdivision (b) of section 1788.52 of the California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE OF ACTION (Account Stated) 15. Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in filll. 16. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of $4,945.47. 17. Defendant(s)’ last payment was made on 01/19/201 8. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. 19. Afier adjustments and/or credits applied to the Account post charge off, Defendant(s), and each ofthem are in default in the sum of $4,905.01. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $4,905.01. 21. No pan of said sum has been paid, although demand therefor has been made, and there is now due, owing and unpaid from said Defendant(s), and each of them, to Plaintiff, said amount. Complaint for Common Counts - 3 - \DOOQQUIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND CAUSE OF ACTION (Open Book) 22. Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in full. 23. Within four (4) years last past, Defendant(s), and each of them, became indebted to Citibank, N.A. 0n an open book account for money due in the sum of at least $4,945.47. Although demand therefore has been made, said Defendant(s), and each 0fthem, have failed and refused to pay said agreed balance. After adjustments and/or credits applied to the Account post charge off, there is now due, owing and unpaid from said Defendant(s), and each 0f them, the sum of $4,905.01. 24. As the sole owner 0f the Account, Plaintiff is entitled to the sum of $4,905.01. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS TO AND FOR ALL CAUSES OF ACTION: 1. For the sum 0f $4,905.01; 2. For costs 0f suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: APR 2 2821 QUALL CARDOT LLP Bf}? [ ] Matthew W. Quall Ranjeet K. Brar [ Tiffany A. Pack [ ] Claudia Yvette Case [ ] Ingrid V. Caero Attorneys for Plaintiff CAVALRY SPV I, LLC Complaint for Common Counts - 4 - EXHIBIT 1 Contract ID: CV8MUMAA082217 Documcnl ID: CVBNUMAA042518C15 Document ID: IWISCVIMUBFMGI AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Missouri County of Platte Scan Cooney, being duly sworn, deposes and says: l am the Senior Vice President of Citibank, N.A. (“CBNA”) located at 701 EastfiO‘“ Street North, Sioux Falls, SD 57117 am authorized to make the statements and representations herein and I am over 18 years of age. In this position, I have access to the creditor’s books and records and am aware of the process of the sale of accounts and electronic storage of business records. On or about October 19, 2018, CBNA sold a pool of chargcd-off accounts (ll: AccountS) by a Muster Purchase and Sale Agreement dated August 22, 2017 and Addendum No. '15 dated April 25, 2018, lo Cavalry SPV I, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts lo the debt buyer. These records were kml in the ordinary course of business of creditor. l am not aware ofany errors in the information provided about the Accounts. Thcabovc statements are true lo the best of my knowledge. Signedmis 35'} dayor OCT , 9.018. / Sean Cooncy 6 Sworn before me this 1‘4- day of Q CPS , 10\% mmwmmm Qm m&“Minamcoumy W on. wma$fii§§zozo Notaa Public (Notary Seal) _ _ i September 28. 2020 My Commlsswn Expu'cs: Cavalry 0822 l 7 1 Contract ID: CV8MUMAA082217 Document ID: CVWUMAA042518CIS Document ID: IMISCVIMUBFMGI CERTIFICATE 0F CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she'ls 2m attorney at law duly admiled toMgmclice in lhc Slate of Missouri and ls a resident ofIZaCfie0a County, m the Stale of that he/she Is a person duly qualified to make this certificate of conformity pursuant to the laws of the Stale of Missouri; that the forewgfiacknowledgmem by Sean Cooney namd m the foregoing instrument taken before ,a Notary m the Stale of Missouri, was taken 1n the manner prescribed by such laws of the Stale of Missouri, being the Slate m which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. Io-guwg @figfluflc Dale llomcy at Law Cavalry 082217 2 Conuucl ID:CV8MUMAA082217 Document ID: CVMUMAAMZSISCIS Document ID: 108lSCV lMUSFMB l L ' E l E THIS BILL OF SALE AND ASSIGNMENT dated Oclober 19, 2018. is by Citibank, NA, a national banking association orynized under lhc laws of the United States, lnted n1 701 East 60" Street North, Sioux Falls, SD 57117 (the "Bank") lo Cavalry SPV l, LLC, ognnized under the laws of the Stale of Delaware, with its headquarterslprincipal place of busins at 500 Summit Lake Drive, Suite 400, Valhalla, NY 10595 ("Buyer“). For value received and subject to the terms and conditions of the Master Purchase and Sale Agreement dated August 22, 2017 and Addendum No. 15 dated April 25, mll, between Buyer and the Bank (the ”Amemenl"), the Bank does hereby transfer, sell, assip, oonch, yum, bargain, set over and deliver to Buyer, and lo Buyer's successors and assigs, the Accounts described in Exhibit 1 lo the Addendum and the final cleclronic file. Citibank, NA. By: Sigmu Name: 85309101071 8? Hmmmnbumomm' gnaw. M0 smash” Tine: 813-605-8180 m anhyoszzn 1 Exhibit l Calumet ID: CVSMUMAAOSZZU Docuwnt ID: CVSMJMAAOHSISCIS Document 1D: IWBCVIMUSFMAI The individual Accounls transferred are described In the final electronic fl: and delivered by the Bank lo Buyer, the sum: deemed attached hereto by this reference. # of Lot Sale ll) Accounts Brands lOOBlSCVlMIBFM - Fresh Flow Sale Balance r Cut-Off Date 10/08/2018 ammonia .l. EXHIBIT 2 MAKSIM V SEMENOV www.citlcards.com Member Since 2010 Account number ending in: 9750 Customer Servlce 1-800-823-4086 Billing Period212/27/I7-01/24/18 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary JANUARY STATEMENT Previous batance $4,533.29 Minimum payment dUe: $75.87 payments $79.00 New balance as of 01/24/18: $4,486.16 Credits -$0.00 Payment due date: 02/22/18 Purchases +$0.00 Cash advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees +$0.00 date listed above, you may have to pay a late fee of up to $35 and your APRs + may be increased up t0 the variable Penalty APR of 29.99%. IntereSt $3187 , New balance $4,486.16 Mlnlmum Payment Warnlnqzlf 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: cre‘dlt' lf'mit If you make no additional You will pay off the And you will end up cred't l'm't 54'600 charges uslnq thls card balance shown on this faylnq an estimated Includes $1,100 cash advance Iimlt and each month you pay... statement ln about... otal of... . . Available credit $113 Only the mlnlmum payment 18 year(s) 510.022 Includes $113 available for cash advances $5,436 $151 3 Year“) (Savings=$4,586) For information about credit counseling services. cal! 1-877-337-8187. cm saVinqs ‘ ”Sb Spot liqht Your Dlamond Preferred Llfetlme Savings: $162.42 See page 3 to view your Savings Summary. Please printAddress Changes on the reverse side Pay your bill from virtually anywhere Minimum payment due $75.87 wlth the Cltl Mobile“ App and CItP Onllne T New balance $4,486.16 0 download: Cltl' Text 'AppIS'to Mycm (692484) Payment due date 02/22/13 or go to your device's app store. Or vlsit www.cltlcards.com Amount enclosed: oooooo Mc oo A o Account number ending in 9750 MAKSIM v SEMENOV CITI CARDS 230 BRYANT ST Po Box 78045 APT 13 Phoenix, Az 85062-8045 MOUNTAIN VIEW CA 94041-1297 ____”l75fl_ www.cltlcards.com Customer ServlceW34086 Page 2 of 3 TTYVhearing~impaired services only/‘TP8003Z52865 MAKSIM V SEMENOV Account Summary Trans. Post date date Description Amount Payments, Credlts andAdm 01/19 PAYMENT THANK YOU $79.00 Fees charged Total fees charged In thls bllllnq period 50-00 Interest charged Date Descrlptlon Amount 01/24 INTEREST CHARGED TO STANDARD PURCH $31.87 Total Interest charged In thls bmlng period $31.87 $2018 totals year-to-date ‘ I $0.00 $31.87 Total fees charged In 2018 Total Interest charged In 2018 é Interest charge calculation ‘ _ .t Days In billing cycle229 g Your Annual Pemontaqe Rate (APRNS the annual interest rate on your account. 3 i Annual percent: e Balance subject V i Balance type rate (AP ) to Interest rate Interest charge: E PURCHASES ‘ Standard PUFCh 18.24% (V) $2,199.14 (D) $31.87 ‘ Offer 4 0.00% $210.00 (D) $0.00 (Balance Transfer Rate Expires 02/01/19) Offer 11 0.00% $2,123.19 (D) $0.00 § (Balance Transfer Rate Expires 01/01/19) {KbVANCEs Standard Adv 26.49% (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 SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have estimated your savings. This savings is the difference between the interest that was assessed against the promotional balances using the promotional APRs and the estimated interest that would have been assessed against these same balances using the Enhanced Purchase APRs. This savings amount does not include any balance transfer fees. This savings is from your billing period covered by this statement. ClTl EASY DEALS: If you made a purchase on Citi Easy Deals, your savings is the difference between the retail price and the price you paid. This savings is from the prior calendar month. CIT! PRICE REWIND: If you received a Citi Price Rewind refund, savings is the refunded amount. This savings is from the prior calendar month. CITI DIAMOND PREFERRED LIFETIME SAVINGS: The savings from interest, Citi Easy Deals and Citi Price Rewind since you became a Citi Diamond Preferred cardmember. This savings amount does not include any balance transfer fees. cm . ={MZ E‘éSb 129?; “‘1‘” Savings Spotlight Your Citi® Diamond Preferred® Savings Summary From mfis Bifl‘ng Period: I Interest: $33.81 TOTAL SAVINGS $33.81 See Account Messages for more information about Savings Spotlight Citi Easy Deals“ To finw mutt wwr current tier: Vislt dfimydealsxom or call the numbar mwfided above. Deals mu: cam access, by tier: Base Henna. . . - w , , I MIIiuum Annuat Purchases: $0.00 I Commas tor Inca dining and shopping Enhanced Tier I Mimnum Annual Purchases: $100 I Baurtier benefit I Pits deam on gift cards and magazines Plus Tier I eri'mum: Mmmai! Purchases: $500 I Baa arm Enhanced tier benefits l Flaws om mmwse. travel and dadeais, » For complete details, go to cltleasydeals.com www.cltlcards.com Customer Service 1-800-823-4086 Page 3 of 3 TTY-hearing-impaired services only 1i~800-325-2865 MAKSIM V SEMENOV Please be sure to pay on time. 1f you submit your payment by mail, we suggest you mail it no later than 02/15/2018 to allow enough time for regular mail to reach us.
