Complaint Limited Up to 10K

Cal. Super. - 6th Dist.April 26, 2021

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 E-FILED LAW OFFICES OF 4/26/2021 12:39 PM PATENAUDE & FELIX, A.P.C. Clerk of Court Raymond A. Patenaude, Esq. (#128855) SUPeriOI’ COUVt 0f CA, Stephanie J. Boone, Esq. (#160182) County of Santa Clara Angie Hong Hoar, Esq. (#212152) 21 CV381 032 Robert W. Wright, Esq. (#276653) RGVieWGd By: M. Dominguez Dean Keshavarz, Esq. (#PL-496493) 631 4776 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 No. 21 CV381 032 ASSIGNEE OF SYNCHRONY BANE] . {ff COMPLAINT FOR am 1 ’ (1) Account Stated V. (2) Open Book Account MATTHEW GONZALEZ, and DOES 1 through 15, inclusive, PRAYER AMOUNT: $194660 LIMITED CIVIL Defendant Amount demand does not exceed $25,000 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, MATTHEW GONZALEZ ("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 SOS C0mplaint_Dbuyer P&F File N0. 19-99280 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 $1,083.60. Plaintiff is not seeking t0 recover any post charge-off fees 0r interest. 9. The date 0f last payment 0n the credit account was 0n May 25, 2017. Defendant's breach occurred 0n June 25, 2017, as that was the date the next payment was due and was not made t0 the creditor. 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 XXXXXXXXXXXX8603. 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: 1235 WILDWOOD AVE APT 77 SUNNYVALE CA 94089-2706 2 COMPLAINT CA_1 SOS C0mplaint_Dbuyer P&F File N0. 19-99280 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 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 W 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 $1,046.60 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 SOS C0mplaint_Dbuyer P&F File N0. 19-99280 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 $0.00 have been received 0r posted t0 the credit account after the rendering 0f the last account record. 20. An unpaid balance 0f $1,046.60 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 $1,083.60 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 $0.00 have been received 0r posted t0 the credit account after the rendering 0f the last account record. 26. An unpaid balance 0f $1,046.60 is presently due and owing 0n the account. //// 4 COMPLAINT CA_1 SOS C0mplaint_Dbuyer P&F File N0. 19-99280 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 $1,046.60; 2. Costs 0f suit; and 3. Any such other relief as the Court may deem just and proper. Respectfully submitted, Dated: March 15, 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 SOS C0mplaint_Dbuyer P&F File N0. 19-99280 EXHIBITA CARECREDIT/SYNCHRONY BANK Cardholder Name: MATTHEW GONZALEZ Secondary Name: SANDRA CAMACHOFLORES Account Number :% 8603ate: 7Statement Closing Summary of Account Activity Previous Balance $943.66 + New Purchases $0.00 - Payments $245.00 +/- Credits, Fees & Adjustments (net) $0.00 +/- Interest Charge (net) $19.44 New Balance $718.10 Credit Limit $1,000.00 Available Credit $281 .00 Days in Billing Period 31 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 $71 8.10 Total Minimum Payment Due $27.00 Payment Due Date 06/25/2017 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 $37.00. Minimum Payment Warning: Making only the Total Minimum 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 will 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 3 years $1 ,105.00 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 05/1 9/2017 05/1 9/2017 85348124BFFG6GW4Q PAYMENT - THANK YOU $1 78.00 CR 05/25/2017 05/25/2017 85348124HFFGGGW44 PAYMENT - THANK YOU $67.00 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 2 170602 PAGE l Of 3 9072 3400 C6J3 OlC85302 Pay online at mysynchrony.com or enclose this coupon with your check. Please use blue or black ink. Total Minimum Payment Due Payment Due Date New Balance Account Number $27.00 06/25/201 7 $718.10 - 3503 Payment Enclosed : $ New address or e-mail? Check the box at left and print changes on back MATTHEW GONZALEZ SANDRA CAMACHOFLORES 1235 WILDWOOD AVE APT 77 SUNNYVALE CA 94089-2706 Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 Cardholder Name: MATTHEW GONZALEZ AccountNumber:- 8603 Secondary Name: SANDRA CAMACHOFLORES Statement Closing Date: 06/02/2017 Transaction Summary (Continued) Tran Date Post Date Reference Number Description Amount INTEREST CHARGED 06/02/2017 06/02/2017 INTEREST CHARGE ON PURCHASES $19.44 TOTAL INTEREST FOR THIS PERIOD $19.44 2017 Totals Year-to-Date Total Fees Charged in 2017 $185.00 Total Interest Charged in 2017 $164.90 Total Interest Paid in 2017 $23.86 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type 0f Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $848.09 $19.44 New Promotional Financing Plans This notice is to let you know about some promotional financing plans that may be available for you when you use your card for future purchases. This is only a summary of key terms. At times, we may offer you other promotional financing plans for certain purchases. Details of available promotions will be provided to you at the time of your transactions. Not all plans or all plan periods will be available at every retailer. For purposes of this notification, your Purchase Annual Percentage Rate ("APR") is 26.99% See the Interest Charge Calculation section of this billing statement to determine if this APR is variable. If a (v) is shown next to your APR, this APR will vary with the market based on the prime rate. Subject to credit approval. Regular account terms apply to non-promotional purchases and, after promotion ends, to promotional purchase. No Interest if Paid Within Promotional Period (These can be advertised as Deferred Interest promotions) Under this promotion, no Interest Charges will be assessed if the promotional purchase balance is paid in full within the promotional period. If the promotional purchase balance is not paid in full by the end of the promotional period, interest will be imposed from the date of purchase at the Purchase APRstated above. Minimum or fixed monthly payments are required. This promotion may be offered for periods of 6, 12, 18, or 24 months. Please keep this for your recordst you have any questions, please call us at the Customer Service number shown on your statement. 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. Synchrony Bank may continue to obtain information, including employment and income information from others about you (including requesting reports from consumer reporting agencies and other sources) to review, maintain or collect your account. 5302 DFH l 7 2 170602 PAGE 2 of 3 9072 3400 C6J3 OlCSS302 5302 DFH 1 7 2 170602 PAGE 3 of 3 9072 3400 C6J3 O1CS5302 EXHIBIT B CARECREDIT/SYNCHRONY BANK MATTHEW GONZALEZ SANDRA CAMACHOFLORES Account Number :m 8603ate: 7Statement Closing Summary of Account Activity Payment Information Previous Balance $988.00 + New Purchases $0.00 - Payments $0.00 +/- Credits, Fees & Adjustments (net) $37.00 +/- Interest Charge (net) $21 .60 New Balance $1,046.60 Credit Limit $1,000.00 Available Credit $0.00 Overlimit Amount $46.60 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. New Balance $1,046.60 Minimum Payment This Period $70.00 Amount Past Due $343.00 Total Minimum Payment Due $41 3.00 Payment Due Date 12/25/2017 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 $37.00. Minimum Payment Warning: Making only the Total Minimum 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 will 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 3 years $1 ,370.00 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 11/25/2017 11/25/2017 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00 INTEREST CHARGED 12/01/2017 12/01/2017 INTEREST CHARGE ON PURCHASES $21 .60 TOTAL INTEREST FOR THIS PERIOD $21 .60 2017 Totals Year-to-Date Total Fees Charged in 2017 Total Interest Charged in 2017 Total Interest Paid in 2017 $397.00 $281 .40 $23.86 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type of Balance Percentage Interest Rate Rate (APR) Purchases NA 26.99% $1 ,007.22 $21 .60 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. * NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFH l 7 2 171201 EXPAGE l Of l 9072 3400 C6J3 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 $41 3.00 $343.00 12/25/201 7 $1 ,046.60 - 8603 Payment Enclosed : $ New address or e-mail? Check the box at left and print changes on back MATTHEW GONZALEZ SANDRA CAMACHOFLORES 1235 WILDWOOD AVE APT 77 SUNNYVALE CA 94089-2706 Payment due includes $ 343.00 past due. Please pay the past due amount PROMPTLY. Make Payment to: SYNCHRONY BANK PO BOX 960061 ORLANDO, FL 32896-0061 EXHIBIT C CARECREDIT/SYNCHRONY BANK MATTHEW GONZALEZ SANDRA CAMACHOFLORES Account Number:m 8603StatementClosing ate: 7 Summary of Account Activity Payment Information Previous Balance $1,046.60 New Balance $0.00 + New Purchases $o_00 Total Minimum Payment Due $461.00 - Payments $0.00 Payment Due Date 01/02/2018 “L" cred'ts' Fees 8‘ AdJUStments (net) ($1 '046'60) PAYMENT DUE BY 5 P.M. EASTERN 0N THE DUE DATE. +/' IntereSt Charge (net) $000 We may convert your payment into an electronic debit. See New Balance $0.00 reverse Side Credit Limit $1,000.00 Available Credit $0.00 Late Payment Warning: If we do not receive your Total Days in Billing period 3o Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $37.00. 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. Transaction Summary Tran Date Post Date Reference Number Description Amount 12/31/2017 12/31/2017 F907ZOOBD00999990 CHARGE OFF ACCOUNT-PRINCIPALS ($527.00) 12/31/2017 12/31/2017 F907ZOOBD00999990 CHARGE OFF ACCOUNT-INTEREST ($556.60) CHARGE FEES 12/25/2017 12/25/2017 LATE FEE $37.00 TOTAL FEES FOR THIS PERIOD $37.00 INTEREST CHARGED 12/31/2017 12/31/2017 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2017 Totals Year-to-Date Total Fees Charged in 2017 $434.00 Total Interest Charged in 2017 $281.40 Total Interest Paid in 2017 $23.86 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type of 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 l 3 2 171231 ZXPAGE l of l 9072 3400 C6J3 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 $461.00 $0.00 01/02/2018 $0.00 - 8603 Payment Enclosed : $ New address or e-mail? Payment due includes $ 0.00 past due. Please pay the past due amount PROMPTLY. Check the box at left and print changes on back MATTHEW GONZALEZ SANDRA CAMACHOFLORES _ S C O 1235 WILDWOOD AVE APT 77 Make Payment to. YN HR NY BANK PO BOX 960061NNYVALE A 4 -27SU C 9 089 06 ORLANDO, FL 32896-0061