Complaint Limited Up to 10KCal. Super. - 6th Dist.April 26, 2021A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E-FILED LAW OFFICES OF 4/26/2021 12:22 PM PATENAUDE & FELIX, A.P.C. Clerk Of Court Raymond A. Patenaude, Esq. (#128855) Superior Court 0f CA, Stephanie J. Boone, Esq. (#160182) County Of Santa Clara Angie Hong Hoar, Esq. (#212152) 21 CV381 028 Robert W. Wright, Esq. (#276653) Reviewed By: M. Dominguez Dean Keshavarz, Esq. (#PL-496493) 631 4587 9619 Chesapeake Drive, Suite 300 San Diego, California 92123 Tele: (858) 244-7600 Fax: (858) 836-0318 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA, SANTA CLARA CIVIL DIVISION CREDIT CORP SOLUTIONS INC., Case N0. 21 CV381 028 ASSIGNEE OF SYNCHRONY BANK, COMPLAINT FOR Plamtlff’ (1) Account Stated V. (2) Open Book Account CHRISTINE NORRIS A/K/A CHRISTINE C NORRIS, and DOES 1 through 15, inclusive, PRAYER AMOUNT: $1,349.26 LIMITED CIVIL Amount demand does not exceed $25,000 Defendant. Plaintiff, CREDIT CORP SOLUTIONS INC., ASSIGNEE OF SYNCHRONY BANK, ("Plaintiff"), alleges: 1. Plaintiff is a corporation qualified t0 d0 business in California. 2. This court is the proper court because Plaintiff is informed and believes that Defendant, CHRISTINE NORRIS A/K/A CHRISTINE C NORRIS ("Defendant"), is a resident 0f SANTA CLARA County, State 0f California. 3. At all times herein mentioned, Defendants, and each 0f them, were the principals, agents, employers, employees, masters, 0r servants 0f each 0f their co-defendants and ratified, adopted 0r approved the acts 0r omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope 0f said authority 0f such agents, servants, and employees. COMPLAINT CA_1 8052 C0mplaint_Dbuyer P&F File No. 19-1 191 10 savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. This suit concerns a credit account that was purchased by Plaintiff after January 1, 2014 and, therefore, is subject t0 California Civil Code § 1788.50, et seq. COMPLIANCE WITH CIVIL CODE § 1788.50, et seq. 5. Plaintiff is a debt buyer. 6. Synchrony Bank FKA GE Capital Retail Bank issued a credit account t0 Defendant. Defendant used, 0r authorized the use 0f, the credit account t0 make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all right, title and interest in the credit account. 7. Plaintiff is the sole owner 0f the credit account at issue, 0r has authority t0 assert the rights of all owners 0f the debt. 8. The balance at charge-off was $1,437.26. Plaintiff is not seeking t0 recover any post charge-off fees 0r interest. 9. Prior t0 charge off, the date 0f last payment 0n the credit account was 0n February 23, 2017. After charge-off defendant made a payment t0 creditor 0n March 01, 2018. 10. The name 0f the charge-off creditor is Synchrony Bank FKA GE Capital Retail Bank and the account number 0f the charge-off creditor ended in XXXXXXXXXXXX8 124. An address Synchrony Bank FKA GE Capital Retail Bank maintained at the time 0f charge-off was: 170 WEST ELECTION ROAD, SUITE 125 DRAPER, UT 84020 11. The last known address that the charge-off creditor had for Defendant is: CHRISTINE NORRIS A/K/A CHRISTINE C NORRIS 421 LILY ANN WAY SAN JOSE CA 95123-5950 2 COMPLAINT CA_1 8052 C0mplaint_Dbuyer P&F File No. 19-1 191 10 A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. The subject credit account has been purchased by the following entity after charge- off: CREDIT CORP SOLUTIONS INC. who maintains an address at 121 WEST ELECTION ROAD, SUITE 200, DRAPER, UT 84020. 13. Plaintiff has complied with Section 1788.52 0f the California Civil Code. 14. Attached hereto as Exhibit A is a true and correct copy 0f a document required by section 1788.58(b) 0f the California Civil Code. FIRST CAUSE OF ACTION: (Account Stated) 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 16. Within the last four years, an account was stated in writing between Defendant and SYNCHRONY BANK. On the last account statement mailed t0 Defendant, a numerical amount lower than the final charge-off amount was stated t0 be due t0 SYNCHRONY BANK from Defendant. On the last statement mailed t0 Defendant, there was also language included informing Defendant 0f additional amounts that would become due and owing if the payments were not made as required. Defendant expressly 0r impliedly agreed t0 pay SYNCHRONY BANK the entire balance represented in both language and figures 0n that statement. Attached hereto as Exhibit B is a true and correct copy 0f the last billing statement mailed t0 Defendant showing a balance due and owing 0f $1,399.26 and informing Defendant 0f additional amounts that would become due and owing if the payments were not made as required. Also attached hereto, as Exhibit C, is a true correct copy 0f the charge-off statement required by section 1788.58(a)(4) 0f the California Civil Code. Defendant expressly 0r impliedly agreed t0 pay SYNCHRONY BANK the entire balance represented in language and figures 0n that statement. The difference in the balance shown 0n the statements in Exhibit B (the last billing statement mailed t0 the Defendant) and Exhibit C (the charge-off statement issued by SYNCHRONY BANK) is attributable t0 late payment fees verbally represented 0n Exhibit B finalizing and becoming expressed numerically in Exhibit C. 3 COMPLAINT CA_1 8052 C0mplaint_Dbuyer P&F File No. 19-1 191 10 A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Before the commencement 0f this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder 0f the credit account. 18. Plaintiff has made demand 0n Defendant for repayment 0f the credit account, but Defendant has failed t0 pay the balance due. 19. Payments, set-offs, credits 0r allowances in the amount 0f $50.00 have been received 0r posted t0 the credit account after the rendering 0f the last account record. 20. An unpaid balance 0f $1,349.26 is presently due and owing 0n the account. SECOND CAUSE OF ACTION: (Open Book Account) 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 22. Within the last four years, Defendant became indebted t0 SYNCHRONY BANK 0n an open book account for money due in the sum 0f $1,437.26 for money lent, paid, laid out, and/or extended t0 0r for Defendant at Defendant's special instance and request and for which Defendant agreed t0 pay the above sum. 23. Before the commencement 0f this action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder 0f the credit account. 24. Plaintiff has made demand 0n Defendant for repayment 0f the credit account, but Defendant has failed t0 pay the balance due. 25. Payments, set-offs, credits 0r allowances in the amount 0f $50.00 have been received 0r posted t0 the credit account after the rendering 0f the last account record. 26. An unpaid balance 0f $1,349.26 is presently due and owing 0n the account. //// 4 COMPLAINT CA_1 8052 C0mplaint_Dbuyer P&F File No. 19-1 191 10 savanna? CA 92133 TELE: (353)244-1500 1m}: (353; 335.0313 A'I'I'flRNEYS AT LAW Qfilflmmm SUITE 3m PATENAUDE & FELIX, APE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff prays for judgment against Defendant as follows: 1. For an unpaid balance 0f $1,349.26; 2. Costs 0f suit; and 3. Any such other relief as the Court may deem just and proper. Respectfully submitted, Dated: March 25, 2021 PATENAUDE & FELIX, A.P.C. ““63" “ By: [ ] RAYMOND A. PATENAUDE [ ] STEPHANIE J. BOONE [ ] ANGIE HONG HOAR [X] ROBERT W. WRIGHT [ ] DEAN KESHAVARZ 5 COMPLAINT CA_1 8052 C0mplaint_Dbuyer P&F File No. 19-1 191 10 EXHIBITA CARECREDIT/SYNCHRONY BANK Cardholder Name: CHRISTINE C NORRIS Account Number:- 8124 Statement Closing Date: 03/10/2017 Summary of Account Activity Payment Information Previous Balance $1,035.41 New Balance 3315-99 + New purchases $0.00 Total Minimum Payment Due $27.00 _ payments $225.00 Payment Due Date 04/03/2017 +/' credits' Fees 8‘ Adjusm‘ents (net) $000 Promotion(s) expiring shortly - see promotional boxes below for +/- Interest Charge (net) $6.58 details New Balance $81 5.99 PAYMENT DUE BY 5 P.M. EASTERN 0N THE DUE DATE. Credit Limit $330030 We may convert your payment into an electronic debit. See Available Credit $0.00 reverse S'de- Days in Billing Period 30 Late Payment Warning: If we do not receive your Total Pay onlme for free at: mysynChrony'com Minimum Payment Due by the Payment Due Date listed above,For Synchrony Bank customer service or to report your card lost or stolen, call (1-366-893-7864). y°“ may have t" pay a 'ate fee ”p ‘0 $3800- _ _ Minimum Payment Warning: Making only the Total Minimum BBSt “mes t0 Ga" are WedneSday ' FrldaY- Payment Due will increase the amount of interest you pay and the time it takes to repay your balance. For example: If you make no You will pay off And you wiII end up additional charges the balance shown paying an estimated using this card and on this statement total of each month you in about... pay Only the minimum 7 years $2,162.00 payment $42.00 3 years $1 ,499.00 (Savings = $663.00) If you would like information about credit counseling services, call 1-877-302-8797. Promotional Expiration Notification YOU MUST PAY EACH PROMOTIONAL BALANCE IN FULL BY ITS EXPIRATION DATE TO AVOID PAYING DEFERRED INTEREST CHARGES. PLEASE SEE THE PROMOTIONAL PURCHASE SUMMARY SECTION ON THIS STATEMENT FOR FURTHER DETAILS. YOU HAVE A PROMOTION(S) EXPIRING ON 05/1 1/1 7. Promotional Purchase Summary Promotional Promotional Deferred Tran Date Description Initial Expiration Balance Interest Charge Purchase Date Amount 05I1 1/2017 $516.00 $204.08 05/10/2016 Elijemj '"teresum '"tereSt 'f Pa'd I" $925.00 A summary of your promotional purchase is provided above. If you have a DEFERRED INTEREST/NO INTEREST |F PAID IN FULL promotion: To avoid paying Deferred Interest Charges on these promotion(s), you must pay the entire applicable Promotional Balance by the Promotional Expiration Date. On a Fixed Payment (Extended Payment Plan) promotional purchase. the Interest Charge is billed monthly and included as part of the Minimum Payment due. To make more than one payment see Make Payment To address or pay online at mysynchrony.com. Transaction Summary Tran Date Post Date Reference Number Description Amount 02/23/2017 02/23/2017 85348121PF3ARVMYQ PAYMENT-CREDIT OR DEBIT CARD $226.00 CR FEES TOTAL FEES FOR THIS PERIOD $0.00 Continued on next page * NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFH l 7 8 170310 E PAGE l of 3 9072 3400 C6J2 OlCSS302 Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink. Account Number 8124 Total Minimum Payment Urgent! New Balance Payment Due Due Date $27.00 04/03/2017 Promotion(s) expiring shortly-see above $81 5.99 Payment Enclosed : $ I New address or e-mail? NOTE: You have a Promotional Purchase Expiring. See Promotional Purchase Summary For Details. Cheek the box at left and If you only pay the Total Minimum Due it may not pay off the Promotional Purchase by the Expiration Date. prlnt changes on back CHRISTINE C NORRIS 421 LILY ANN WAY SAN JOSE CA 95123_5950 Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Cardholder Name: CHRISTINE C NORRIS Account Number:_ 8124 Statement Closing Date: 03/10/2017 Transaction Summary (Continued) Tran Date Post Date Reference Number Description Amount INTEREST CHARGED 03/1 0/2017 03/1 0/2017 INTEREST CHARGE ON PURCHASES $6.58 TOTAL INTEREST FOR THIS PERIOD $6.58 2017 Totals Year-to-Date Total Fees Charged in 2017 $73.00 Total Interest Charged in 2017 $17.09 Total Interest Paid in 2017 $0.00 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type 0f Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $296.57 $6.58 Deferred Interest/No Interest If Paid In Full 05/1 1/2017 26.99% $816.76 $0.00 Cardholder News & Information In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. Please Note: Enclosed is the Privacy Policy for this account. Please take a moment to read it, then keep it with other financial documents. If you have previously opted-out, you do not need to do so again. 5302 DFH l 7 8 170310 E PAGE 2 of 3 9072 3400 C6J2 OlCSS302 5302 DFH 1 7 8 170310 E PAGE 3 of 3 9072 3400 C6J2 O1CS5302 EXHIBIT B CARECREDIT/SYNCHRONY BANK Cardholder Name: CHRISTINE C NORRIS Account Number:i 8124 Statement Closing Date: 09/10/2017 Summary of Account Activity Payment Information Previous Balance $1,331 .18 New Balance $139925 + New Purchases $o_oo Minimum Payment This Period $83.00 . Payments $o_00 Amount Past Due $381 .00 +/- Credits, Fees & Adjustments (net) $38.00 Total Minimum Payment Due $464.00 +/- Interest Charge (net) $30.08 Payment Due Date 10/03/2017 New Ba'ance 51399-25 PAYMENT DUE BY 5 P.M. EASTERN 0N THE DUE DATE. We ma convert our a ment into an electronic debit. See izzazsrgedn $33232: y ” Days in Billing Period 30 Late Payment Warning: If we do not receive your Total Pay °n'ine for free 3t: mySVNChI’OnY-com Minimum Payment Due by the Payment Due Date listed above, For Synchrony Bank customer service or to report your you may have to pay a late fee up t0 $38.00 card lost or stolen call 1-866-893-7864 . ’ ( ) Minimum Payment Warning: Making only the Total Minimum Best times to can are Wednesday . Friday. Payment Due will increase the amount of interest you pay and the time it takes to repay your balance. For example: If you make no You will pay off And you wiII end up additional charges the balance shown paying an estimated using this card and on this statement total of each month you in about... pay Only the minimum 6 years $2,371 .00 payment If you would like information about credit counseling services, call 1-877-302-8797. Transaction Summary Tran Date Post Date Reference Number Description Amount FEES 09/03/2017 09/03/2017 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 09/1 0/2017 09/1 0/2017 INTEREST CHARGE ON PURCHASES $30.08 TOTAL INTEREST FOR THIS PERIOD $30.08 2017 Totals Year-to-Date Total Fees Charged in 2017 $290.00 Total Interest Charged in 2017 $383.36 Total Interest Paid in 2017 $0.00 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type of Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $1 ,355.70 $30.08 Cardholder News & Information In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE OR CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT. * NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFH l 7 8 170910 EDPAGE l of l 9072 3400 C6J2 OlC85302 Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink. Total Minimum Past Due Payment New Account Number Payment Due Amount Due Date Balance $464.00 $381 .00 10/03/201 7 $1 399.26 _ 81 24 Payment Enclosed : $ I New address or e-mail? Payment due includes $ 381 .00 past due. Please pay the past due amount PROMPTLY. Check the box at left and print changes on back CHRISTINE C NORRIS 421 LILY ANN WAY SAN JOSE CA 95123_5950 Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 EXHIBIT C CARECREDIT/SYNCHRONY BANK Cardholder Name: CHRISTINE C NORRIS Account Number: 8124 Statement Closing Date: 10/09/2017 Summary of Account Activity Previous Balance $1,399.26 + New Purchases $0.00 - Payments $0.00 +/- Credits, Fees & Adjustments (net) $1 399.26- +/- Interest Charge (net) $0.00 New Balance $0.00 Credit Limit $3,300.00 Available Credit $0.00 Days in Billing Period 29 Pay online for free at: mysynchrony.com For Synchrony Bank customer service or to report your card lost or stolen, call (1 -866-893-7864). Best times to call are Wednesday - Friday. Payment Information New Balance $0.00 Total Minimum Payment Due $51 7.00 Payment Due Date 10/11/2017 PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE. We may convert your payment into an electronic debit. See reverse side. Late Payment Warning: If we do not receive your Total Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $38.00. Transaction Summary Tran Date Post Date Reference Number Description Amount 10/09/2017 10/09/2017 F9072008U00999990 CHARGE OFF ACCOUNT-PRINCIPALS $516.00 CR 10/09/2017 10/09/2017 F9072008U00999990 CHARGE OFF ACCOUNT-INTEREST $921 .26 CR CHARGE FEES 10/03/2017 10/03/2017 LATE FEE $38.00 TOTAL FEES FOR THIS PERIOD $38.00 INTEREST CHARGED 10/09/2017 10/09/2017 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2017 Totals Year-to-Date Total Fees Charged in 2017 Total Interest Charged in 2017 Total Interest Paid in 2017 $328.00 $383.36 $0.00 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type 0f Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $0.00 $0.00 Cardholder News & Information In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. Statement not provided to customer. * NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFH 1 3 8 171009 ZDPAGE 1 of 1 9072 3400 C6J2 01cs5302 Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink. - Total Minimum Past Due Payment New Account Number Payment Due Amount Due Date Balance $517.00 $0.00 10/1 1/201 7 $0.00 _ 8124 Payment Enclosed : $ New address or e-mail? Check the box at left and print changes on back CHRISTINE C NORRIS 421 LILY ANN WAY SAN JOSE CA 951 23-5950 Payment due includes $ 0.00 past due. Please pay the past due amount PROMPTLY. Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061
