Complaint Limited Up to 10KCal. Super. - 6th Dist.April 26, 2021E-FILED 4/26/2021 9:45 AM Clerk of Court Superior Court of CA, County of Santa Clara 21CV380954 Reviewed By: L. Imasa 21CV380954 \OWVQUIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew W. Quall, #1 83759 Ranjeet K. Brar, #297142 Tiffany A. Pack, #323159 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 KEBEDE M KABA , an individual; and 1. Account Stated DOES 1 through 100, inclusive, 2. Open Book Defendants. Demand Amount: $1,108.04 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 of the true names and capacities 0f 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 of these 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 0f these Defendants. 3. Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they Complaint for Common Counts - 1 - \OOOQO 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 0r conduct as described in this Complaint. Because Plaintiff is ignorant of their capacity or conduct, it sues them fictitiously. Plaintiff will seek leave t0 amend the Complaint when it has knowledge of facts indicating the true nature of 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 0f, within the scope of his, her, 0r its agency and employment, and acting with full knowledge or subsequent ratification of his, her, or its principals or employees. 5. Defendants, and each of 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 subj ect to the provisions of California Civil Code section 2984.4, nor California Civil Code section 1812.10. 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 9272; formerly account number ending in 3748 (hereinafter referred to as the “Account”), and Defendant(s)’ failure to pay the balance due on the Account, resulting in a default on the Account by Defendant(s). 7. Plaintiffis the sole owner ofthe Account which forms the basis for this Complaint. 8. As of 08/25/2019, the date_ the Account was charged off by Citibank, N.A., the balance on the Account was $1,108.04. 9. The last payment on the Account by Defendant(s) was 02/07/2019. 10. At the time the Account was charged-off, the name and address 0f the charge-off creditor and the charge-off creditor’s account number associated with the Account was: Citibank, N.A. PO BOX 6276, SIOUX FALLS, SD 571 17-6276, account number ending in 9272. Complaint for Common Counts - 2 - bWN \OOOQQUI 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 KEBEDE M KABA 800 HILLSDALE AVE APT 633 SAN JOSE, CA 951361 154. 12. The names and addresses of all persons or entities that purchased the Account afier charge-off, including Plaintiff are as follows: Cavalry SPV I, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595. (True and correct copies of 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.) All rights, title, and interest in the Account, which is the subj ect 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 ofthe California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE 0F 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 full. 16. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of $1,108.04. 17. Defendant(s)’ last payment was made on 02/07/2019. 18. Defendant(s), and each of them, are in default in that they have failed to pay the balance due. 19. Therefore, Defendant(s), and each ofthem are in default in the sum of $1,108.04. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $ 1 ,108.04. 21. No part 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 - \OOOQG 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 filll. 23. Within four (4) years last past, Defendant(s), and each of them, became indebted to Citibank, N.A. on an open book account for money due in the sum of at least $1,108.04. Although demand therefore has been made, said Defendant(s), and each of them, have failed and refused to pay said agreed balance. There is now due, owing and unpaid fi'om said Defendant(s), and each of them, the sum of $1,108.04. 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $1,108.04. WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: AS T0 AND FOR ALL CAUSES OF ACTION: 1. For the charged-offbalance of $ 1 ,108.04; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: fl [[2 (14 QUALL CARDOT LLP By 4"}W [ ] Matthéw w. Qua11 [ ] 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: CVSMUMAAOZIS l 9 Document m: CV8MUMAA l 2201 9C] 7 Document ID: 1215 l9CV IMUZEBGI AFFIDAVIT OF SALE OF ACCOUNT State of Missouri County of Platte Gary Goldberg, being duly sworn, deposes and says: I am an authorized employee of Citibank, N.A. (“CBNA”) located at 5800 Somh Corporate Place, Sioux Falls, SD 57 108 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 December 27. 2019, CBNA sold a pool of charged-off accounts (the AccountS) by a Master Purchase and Sale Agreement dated February l8, 2019 and Addendum No. 17 dated December 20, 2019, to Cavalry SPV I, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual accounts to the debt buyer. These records were kept in the ordinary course of business of creditor. I am not aware of any errors in the information provided about the Accounts. The above statements are true to the best of my knowledge. Signed thisA dayof_Da___.M. Gargoldberg S Swom before me this 30 day ofEQC .Goflo I y CAROLYN E HUGHES Note Publlc- Notary Seal State o1 lssoutl. Jackson County Commisslon # 1 4927304 ' My Commission Expues Jan 26. 2022 Notary Pubhc (Notary Seal) . . . Jan 28.2 My Commissnon Expires: m 0a Cnvally 02I8l9 I Contract ID: CV8MUMAA02 I 8 l9 Document ID: CV8MUMAAI22OI 9Cl7 Document ID: 1215 I9CVIMUZEBGI CERTIFICATE 0F CONFORMITY STATE OF MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of Missouri and is a resident ofMCounty, in the State of MISSOUF“ that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of Missouri; that the foregoing acknowledgment by Gary Goldberg named in the foregoing instrument taken before WW"E-"W’m , a Notary in the State of Missouri, was taken in the manner prescribed by such laws of the State of Missouri, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such State. xasoaofl O uLy: Date Attorney atLag Cavalry 0218l9 2 Contract m: CVSMUMAAOZIS l9 Document ID: CVSMUMAAIZZOI 9Cl7 Document 1D: 12l519CV1MUZEBBl BILL 0F SALE AND ASSIG NT THIS BILL 0F SALE AND ASSIGNMENT dated December 27, 2019. is by Citibank, N.A., a national banking association organized under the laws of the United States. located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws ot‘ the State of Delaware, with its headquarters/principal place of business 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 February 18, 2019 and Addendum No. 17 dated December 20, 2019. between Buyer and the Bank (the "Agreement“), the Bank does hereby transfer. sell, assign, convey, grant, bargain, set over and deliver to Buyer. and to Buyer's successors and assigns, the Accounts dacribed in Exhibit 1 to the Addendum and the final electronic file. Citibank, NA. By: ( ignatnre) W9 Name: m Title: Cantryozlslo 1 Exhibit 1 Contract ID:CV8MUMAA02I8 l9 Document ID: CVSMUMAAl22019CI7 Document ID: IZISIQCVIMUZEBAI The individual Accounts transferred are described in flue final electronic file am delivered by the Bank to Buyer, the same deemed attached hereto by this reference. Sale Balance 4t or Lot “54:.le Accounts 5m; sic uncut ants: unslscvmuznn - Cilt-OflDateIZII'SBOIQ Cnvnlty02|819 EXHIBIT ”2” Account Statement Send Noticed Billing Errors and Customer Sewioe Inquiries 10: Customer Service: SEARS CREW CARDS sears. V G Accougmquiries: Mastercard 1-800.669-8488 PO Box 62a Sioux Falls. SD 571 17-6282 Sum of Account Ac Previous Balance Cash Advances .00 New Balance $753.55 Past Due Amount $65.00 28 f N Payment Information New Balance $753.55 Minimum Payment Due $129.55 Payment Due Date March 20, 2019 Late Payment Warnlng: If we do not reca've your minimum payment by the date listed above, you may have to pay ahte fee up to $38. Mlnlmum Payment Warnlng: If you make only the minimum payment each period, you will pay more in interest and itwill take you longer to pay off your balance. For example: If you make no additional You wil pay off the And you will charges using this card balance suown on this and up paylnga’n and each month you pay... statemem in about... estimated total of... Only the minimum payment 3 years $1 ,068 It you would like intormation about credit counsdng services, can 1-877-337-8188. k J Please see the enclosed deterred Interest promotlonal otter updatefor important Mormation, For phone payments, you aumorlze us to electronically debit your specified bank account by an ACH transaction in the amount and on such date that you Indicate on the phone. You may cancel a phone payment by calling us at the Customer Sewlce number at the top of page 1 within the timeframe disclosed to you on the phone. Cash Payments made in-store at Sears, Sears Auto Centers, Sears Hometown and Outlet, and Kmart for Sears Qedit Card account balances is limited to a maximum amount of $2,500 per day/per account. For your convenience and security, It you wish to make payments for any amount, including amounts greater than $2,500, you are welcome to do so via check. Please also remember you can pay your account online awww.pay.searscard.com Please update your phone number, including cell phone number on the back of the payment coupon. Your account is past due your account current. This is a courtesy reminder that we did not receive payment for Iast month. We’re here for you and would like to help you bring » For assistance call us today at 1-866-518-9055. For the hearing impaired, call our TDD lineat 1-800-926-581 8. Hours of operation: Monday-Thursdayz 6:30 a.m. to 11:00 pm. CT - fridav: 6:30 am. to 9:00 p.m. CT - Saturday and Sunday: 8:00 a.m. to 100 pm. CT PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. ME15 Page 1 ot 4 This Account is Issued by Citibank, NA. w Piease detach and rexurn Imuerponion withyour payment to insure proper credit. Retain upper ponim tor your records. it searS® Your Account Number Is_ 3748 Payment Din Date March 20, 2019 PO BOX 6286 SIOUX FALLS, SD 571 17-6286 sutement Enclosed KEBEDE M KABA 800 HILLSDALE AVE APT 633 SAN JOSE, CA 95136-1154 New Balance $753.55 Past Due AmountT $65.00 Mlnimum Payment Due $129.55 " ,_ 5 TPast Due Amomt is included in the Minimum Payment Due. Please print adress changx on the reverse side. Make Checls Payable tov SEARS CREDIT CARDS PO BOX 78051 PHOENIX, AZ 85062-8051 --__-----n----qnnnw Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. To get a grace period on purchases, you must pay the New Balance by the payment due date every billing cycle. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (an "excluded balance") is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. In addition, if you have a major purchase plan balance. that balance (an "excluded balance”) is excluded from the amount you must pay in full to get a grace period on a purchase balance other than an excluded balance. However, you must still pay any separately required payment on the excluded balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However. you will continue to get a grace period on purchases. other than an excluded balance. so long as you pay the New Balance (less any excluded balance, plus any separately required payment on an excluded balance) in full by the payment due date each billing cycle. In addition. certain promotional offers mav take away the grace period on purchases. Other promotional offers not described above mav also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case. the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resuiting interest charges were determined. contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are Included in the "Purchases" line In the Summary of Account Activity (if balance transfers are availab|e on your account). Other Account and Payment Information. Payment Amount. You may pay all or part of your account balance at any time. However. you must pay. by the payment due date. at least the minimum payment due. When Your Payment Will Be Credited. If we receive your payment in proper form at our processing facility by 5 pm, local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day‘ Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon, The correct address for courier or express mail is the Express Mail Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: - Enclose a valid check or money order. No cash, gift cards. or foreign currency please. - Include your name and the last four digits of your account number. Payment Other Than By Mall. - ln-Ston (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However. credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location‘ - Onlinc. Go to the URL on Paqe1 of your statement to make a payment. When you enroll in Onllne Bill Pay you can schedule your payments up to 45 days in advance using the "Other “ payment option. For security reasons. you mav not be able to pay your entire New Balance the first time you make a payment online. - AutoPay. Go to the URL on Page 1 of your statement to to enroll in AutoPay and have your payment amount automaticany deducted each month on your due date from the payment account you choose. - Phone. Call the phone number on Page1 of your statement to make a payment. There is no fee for this serv|ce. IN- ME-123&53000092-/B/-EM-9-HAPDCH15- - -lC/--0-X-59-lD/-P- - -0-Y-/El-1- - Express Mail. Send payment by courier or express mail to: Consumer Payment Dept. 6716 Grade Lane, Building 9, Suite 910. Louisville, KY 40213. - crediting Payments other than by Ia". The payment cutoff time for Online blll payments. Phone payments, and Expmss Mail payments is midnight Eastern time. This means that we will credit your accountas of the calendar day, based on Eastern time, that we receive your payment request. If vou send an eligible check with this mment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in tho amount on the check. We may do this a soon as the day we receive tho chock. Also, the check will be destroyed. V Credit Reporting Disputes. We may report information about your account to credit bureaus. 1f you think we reported Inaccurate information. please write us at the Customer Service address shown on Page1. Report a Lost or Stolen Card lmmedlahw. Call the Account Inquiries number shown on Page 1. What To Do If You Thlnk You Find A M‘nake 0n Your Statement. If you think there is an error on your statement. write to us at the address for billing errors and customer service inquiries shown on Page1 of your statemmt. In your letter, qive us the following informtion: 1. Account information: Your name and account number. 2‘ Dollar amount: The dollar amount of tin suspected error. 3. Description of Problem: lf you think thue is an error on your bill. describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 davs afterthe error appeared on your statement. You must notify us of any potential errorsin writing. You may call us, but if you do we are not required to investigate any potential errus and you may have to pay the amount in question. Whlle we Investigate whether or not there has been an error, the following are true: ’ We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on your statement. and we may continue to charge you interest on that amount. But. if we determine that we made a mistake, you will not have to pay the amount in question orany interest or other fees related to that amount. - While you do not have to pay the amount in question, you are responsible for the remainder of your balance. - We can apply any unpaid amount aga‘nst your credit limit. Your Rights If You Arc Dissatlsfied Wlh Your Credit Card Purchases. If you are dissatisfied with the goods or services tmt you have purchased with your credit card. and you have trled In good faith to correct the problem with the merchant. you may have the right not to pay the remaining amount dm on the purchase. To use this right. all of the tollowing mustbe true: 1. The purchase must have been made inyour home state or within 100 miles of your current mailing address, and the purchase prim must have been more than $50. (Note: Neither of these are necessary if vour purchase was based on an advertisement we mailed to you. or if we own the company that sold you ti! goods or services.) 2. You must have used your credit card forthe purchase. Purchases made with cash advances from an ATM or with a Checkmat accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all 01 the criteria above are met and youare still dissatisfied with the purchase, contact us in writing at the address for billing errorsand customer service inquiries shown on Page1 of your statement. While we investigate. the same rules applyto the disputed amount as d‘scussed abovel After we finish our investigation. we will tell you our decision. At that point. if we think you owe an amount and you do not pay. we may repat you as delinquent, SMC/TGI/SCC/SCP/HIPS NOV17 - - -4o1 -o-o - lF/-O1/25/19-01l01/17-25-Janualy24,2019-IG-N- - - -/H/-0- -GSOU -V -/l/-V- -0- O- - -/J/- - - -18A01 - ~051B Page 2 of 4 Please provide change of address and updateladd your phone numbers'here: (Use blue or black ink.) *Cell: ”Home: ‘Phone: By giving us a cell number or a number later converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer. recorded or artificial voice. or a text. Your phone plan charges may apply. ACCOUHII “H **** **** 3748 o No Interest It Paid In Full in 6 Months No Interest If Paid In Full in 12 Months No Interest if Paid in Full in 18 Months No Interest if Paid in Full in 24 Months No Interest If Paid in Full by a speclfic date disclosed in the offer. promotional period. t est r From time to time, you may be offered speclal limited time only deferred interest promotional offers. Deferred interest promotional offers include the following types of offers: (for example, by December 31, 2020) If the balance is not paid In full by the end of the promotlonal period, interest charges will be imposed from the puchase date at the varlable purchase rate on your account whlch Is 27.49% APR. Variable APRs are as of 02/19/1 9 and w||| vary wlth the market based on the Prlme Rate. These otters are not available all the time and may be limited to specific merchandise and/or have mlnlmum payment and purchase requlrements as Your card agreement, the terms of the otter and appllcable law govern these transactions Includlng increasing APRs and tees and termlnation of the If you have any questions, please contact us at 1-866-533-2468. For TDD/TI Y asslsmnce, please call 1-866-35-2484. TRANSACTIONS Trans Date Descriylion Reference i Amount 02/07 PAY-BY-PHONE PAYMENT DEERFIELD IL 851210617BMM5LSN s 114.00- £58 02/20 LATE FEE $ 38.00 TOTAL FEES FOR THIS PERIOD s 38.00 INTEREST CHARGED 02/21 INTEREST CHARGE ON PURCHASES $ 16.09 TOTAL INTEREST FOR THIS PERIOD s 16.09 Total Fees Charged in 201 9 $76.00 Total Interest Charged in 201 9 $34.28 ACTIVITY AND PROMOTIONS DETAIL Orlglnal Purchases. Promotion Promo Payments Cash Adv, Homotlon Deferred Promotion Trans Trans Previous & Othel' Fees & Interest Nan Inlmum Interest Explraflon Amount Date Buance Credlts Other Deblts Chaged Bdanoe Pm Due Chm Date PURCHASES REGULAR - - $813.46 $114.00 $38.00 $16.09 $753.55 - - - TOTAL $813.46 $114.00- 838.oo $16.09 $753.55 $0.00 $0.00 INTEREST CHARGE CALCULATION Your Annua] I :Bdmco Hater Is the ainnua} Interest rateron your aocqgm. Rah MW “ PmeSoM Account: **** **** **** 3748 THIS PAGE INTENTIONALLY LEFT BLANK Pwe4of4