Complaint Limited Up to 10KCal. Super. - 6th Dist.April 23, 2021E-FILED 4/23/2021 2:17 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381047 Reviewed By: Ashley Mackenzie 6306204 21CV381047 \OOOQQ 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 FOR COMMON COUNTS JASON NGUYEN , an individual; and 1. Account Stated DOES 1 through 100, inclusive, 2. Open Book Defendants. Demand Amount: $985.74 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 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 ofthese 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 of these Defendants. 3. Plaintiff knows the identities of DOES 51 through 100, inclusive, believes they Complaint for Common Counts - 1 - KOOONONUI-b 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 0f their capacity or 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 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 0f each of the remaining Defendants and was, in doing the things complained of, within the scope of his, her, or its agency and employment, and acting with full knowledge or subsequent ratification 0f 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 0f 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 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 31 13 (hereinafier 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 09/12/2018, the date the Account was charged off by Citibank, N.A., the balance on the Account was $1,006.21. Subsequent to charge-off there were adjustments and/or credits applied to the Account, leaving a balance of $985.74. 9. The last payment on the Account by Defendant(s) was 02/07/201 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 31 13. Complaint for Common Counts - 2 - \OOOQON 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 t0 the sale of the Account was JASON NGUYEN 843 JACKSON ST SANTA CLARA, CA 950500000. 12. The names and addresses of all persons 0r 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 0f the chain of title reflecting the purchasers 0f 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 assigwd to Plaintiff. 13. Plaintiffhas 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 full. 16. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of$1,006.21. 17. Defendant(s)’ last payment was made on 02/07/201 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 $985.74. 20. As the sole owner of the Account, Plaintiff is entitled to the sum of $985.74. 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 0f them, to Plaintiff, said amount. Complaint for Common Counts - 3 - \OOOQQUI.5 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. on an open book account for money due in the sum of at least $1,006.21. Although demand therefore has been made, said Defendant(s), and each 0f them, have failed and refused t0 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 of them, the sum of $985.74. 24. As the sole owner of the Account, Plaintiff is entitled to the sum of $985.74. 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 of $985.74; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Court may deem just and proper. Dated: L/Z/BZ‘LI QUALL CARDOT LLP By W M ] Matthew W. Qvuall ] [ [ Ranjeet K. Brar [KTiffany A. Pack [ ] Claudia Yvette Case [ ] Ingrid V.Caero Attorneys for Plaintiff CAVALRY SPV I, LLC Complaint for Common Counts - 4 - EXHIBIT ”1” Contract ID: CVSMUMAA082217 Ducumcm ID: CV8MUMAA042518C15 Document ID: 100818CV1MU3FMGI AFFIDAVIT 0F SALE 0F ACCOUNT BY ORIGINAL CREDITOR State of Missouri County of Platte Scan Cooney, being duly sworn, deposes and says: lam the Senior Vice President of Citibank, N.A. (“CBNA”) located al 701 East 60'“ 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 (the AccountS) by a Master Purchase and Sale Agreement dated August 22, 2017 and Addendum No. 15 dated April 25, 2018, to Cavalry SPV l, 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 ofany errors in the information provided about the Accounts. The above statements are true lo the best of my knowledge. Signedthis 33+ dayor OCT , golf. / Sean Cooncy 5 Sworn before me this 1+ day of Q0% , (AD\% m'mmmws-m <3 x380mot .mm county 6mm on communion mama: Notary Public (Notary Seal) September 2:. 2020 My Commission Expires: Cavalry 08221 7 1 Contract ID: CV8MUMAA082217 Document ID: CV8MUMAA042518C15 Document ID: lOOSlSCVlMU3FMGl CERTIFICATE OF CONFORMITY STATE 0F MISSOURI CITY OF KANSAS CITY The undersigned does hereby certify lhal he/she Is an attorney at law duly admitted to raclicc in the Slate of Missouri and Is a resident 0f: Zafifiaa Counly,’m the State of SM that he/she ls a person duly qualified lo make this certificate of conformity pursuant to the laws of lhc Slate of Missouri; that lhc forewacknowledgmem by Sean Cooney named In the foregoing instrument taken before n , a Notary in the Stale of Missouri, was taken in the manner prescribed by such laws 0f the Stale of Missouri, being the Stale in which i1 was taken; and that it duly conforms with such laws and is in all respects valid and effective in such stale. io-awlg (Qfimia; Date llorney at Law Cavalry 0822 l 7 2 Contract ID:CVBMUMAAMN Document ID: CVSMUMAAMZSIBCIS Document ID: lOOSlSCVlMUBFMBl LF AND I ° THIS BILL 0F SALE AND ASSIGNMENT dated October 19, 2018. is by Citibank, NA, a national banking association orynizcd under the laws of the United Slates, located al 701 East 60'“ Street North, Sioux Falls, SD 571 17 (the "Bnnk") to Cavalry SPV l, LLC. ctymized under the laws of the Stale of Delaware, with its hcadquarlcrslprincipal 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 Ageement dated August 22, 2017 and Addendum No. 15 dated April 25, 2018, between Buyer and the Bunk (the ”Agesment"), the Bank does hereby transfer, sell, assign, convey, yum, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 to the Addendum and the final cleclmnic file. Citibank, NA. By: Signatu Name: wmv'totoru i? nmNWNnbmao om' grim cuy. uo' “1533““ Tide: atm-e’ am m" cmuyoazm 1 Exhibit 1 0011mm lD: CVBMUMAAOSZZU Document ID: CV8MUMAA042518CIS Document ID: 100818CV1MU3FMA1 'me individual Accounts transferred are described in the final electronic file and delivemd by the Bank to Buyer, the same deemed alluched hereto by this reference; # of Lot Sale ID Accounts Brands lMBlSCVlMU3FMMb Flow Sale Balance _ Cut-Off Date 10/08/2018 autumn" .1. EXHIBIT ”2” “W..- r fifimmr-VTI-vmqu-wu-wsa-r‘qw-ay-wz-vnqw >7 . q.” r. ,~. JASON NGUYEN Member Since 2016 Account numberending in:3113 Billlng Perlod:01/11/18-02/‘I2II8 FEBRUARY STATEMENT Mlnlmum payment due: New balance as of 02/12/18: Payment due date: $25.00 $633.00 03/08/18 Late Payment Warnlnq: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the variable Penalty APR of 29.99%. Mlnlmum Payment Warnlnqzlf you make only the minimum payment each period, you will pay more in interest and it wlll take you longer to pay off your balance. For example: If you make no additional charges uslnq thls card and each month you pay... You wlll pay off the balance shown on thls statement In about... And you wlll end up aylnq an estimated otal of... Only the minimum payment 3 year(s) $818 For information about credit counseling services, call 1-877-337-8187. Pay your bm from vlrtually anywhere wlth the Cltl Mobil? App and CltP Onllne _ , To download: Text 'ApplS' to MyCltl (692454) or go to your device's app store. Or visit www.cltlcards.com 000000 MC 00 A O JASON NGUYEN 843 JACKSON ST SANTA CLARA CA 95050-5418 www.cltlcards.com Customer Service 1-855-473-4583 TTY
