Complaint Limited Up to 10KCal. Super. - 6th Dist.April 27, 2021E-FILED 4/27/2021 11:31 PM Clerk of Court Superior Court of CA, County of Santa Clara 21CV381050 Reviewed By: K. Himes 21CV381050 IQ Matthew W. Quull. #1 83759 Ranject K. Brar. #297142 Tiffany A. Puck. #323 l 5‘) Claudia chllc Case. #328212 Ingrid V. Cacro. #317349 Quail Cardot LLP 205 East River Park Circle. Suite #l IO Fresno. Califomiu 93720 (888) 2804231 Phone (550) 418-0330 Fax Attorneys for Plaintiff CAVALRY SPV l. LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF Santa Clara CAVALRY SPV l. LLC, Case N0. Plaintiff, Limited Civil Case v. COMPLAINT FORCOMMON COUNTS lSlDRO SANTOS , an individual; and l. Account Stated DOES l through 100, inclusive, 2. Open Book Defendants. Demand Amount: 51,4] 1.98 BACKGROUND ALLEGATIONS 1. At all times herein mentioned. Plaintiff was, and now is, a limited liability company with its principal place 0f business located in Valhalla, New York, and at all times mentioned herein, was. and now is. authorized t0 d0 business in the Stateof Califomia. 2. Plaintiff is ignorant 0fthe 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 whcn ascertained. Plaintiffis infonned and believes and, 0n that basis, alleges that each 0f 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 0r omissions of these Defendants. Complaint for Common Counts - l - IQ VJ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Plaintiff knows thc identities 0f DOES 51 through 100, inclusive. believes they have damaged it. but is unaware 0f their capacity 0r conduct as described in this Complaint. Because Plaintiff is ignorant 0fthcir capacity 0r conduct. il sues thcm fictitiously. Plaintiffwill seek lcavc to 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 Dcfendantwas the agent, servant. and/or employee ofeach 0fthe remaining Defendants and was. in doing thc things complained 0f, within the scope ofhis. her, 0r its agency and employment, and actingwith full knowledge or subsequent ratification ofhis. her, or its principals 0r 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 Distn'ct 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 1812.10. 6. Plaintiff is a debt buyer that is regularly engaged in the business 0f purchasing charged-off consumer debt for collection purposes, as defined in California Civil Code section 1788.50, subdivision (a)(l). The nature 0f the underlying debt and transaction which forms the basis for this complaint stems from the issuance ofcrcdit on an account Defendant(s) held with Citibank, N.A. account number ending in 5589 (hereinafler referred t0 as the “Account"). and Defendant(s)‘ failure t0 pay the balance due on the Account. resulting in a default 0n the Account by Defendant(s). 7. Plaintiffis the sole owner 0fthe Account which forms the basis for this Complaint. 8. As 0f 01/23/2020, the date the Account was charged offby Citibank, N.A., the balance on the Account was $1.41 1.98. 9. The last payment on the Account by Defendant(s) was 06/18/201 9. 10. At the time the Account was chargcd-off, the name and address 0f the charge-off creditor and the chargc-offcreditor’s account number associated with the Account was: Citibank, N.A. BOX 6500 SIOUX FALLS, SD 571 l7, account number ending in 5589. Complaint for Common Counts - 2 - Ix) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l l. The name and last known address Ofthc Defendant“) as they appeared in Citibank. N,A.‘s records prior t0 the salc Ofthc Account was ISIDRO SANTOS 655 S 341” ST SPC B9 SAN JOSE. CA 951 160000. 12. The names and addresses of all persons or entities that purchased the Account afier charge-off. including Plaintiffare as follows: Cavalry SPV [. LLC 500 Summit Lake Drive. Suite 400 Valhalla. NY 10595. (True and correct copies OfIhe chain oftitlc reflecting the purchasers of’thc Account up through and including PlaintitTarc attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit l.) All rights, title, and interest in the Account. which is the subject Ofthe lawsuit wcrc assigned 10 Plaintiff. l3. Plaintiff has complied with California Civil Code section 1788.52. l4. A true and correct copy 0f a contract 0r other document described in subdivision (b) of section 1788.52 ofthe California Civil Code is attached hereto and incorporated herein by reference as though fully set forth herein as Exhibit 2. FIRST CAUSE 0F ACTION (Account Stated) 15. Plaintiff alleges each and every allegation contained in the Background Allegations, and incorporates them by this reference as though set forth in Full. l6. An account has been stated between Defendant(s), and each ofthem, and Citibank, N.A. in the sum of$l,4l 1.98. l7. Defendant(s)‘ last payment was made on 06/1 8/2019. 18. Defendanfls), and each 0f 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 $1,4l 1.98. 20. As the sole owner 0fthe Account. Plaintiffis entitled to the sum of$l ,4] l .98. 21. No part 0f 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 ofthem. t0 Plaintiff. said amount. Complaint for Common Counts - 3 - Iv 10 n 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 scl forth in full. 23. Within four (4) years last past. Dcfendanfls). and each Ofthcm‘ became indebted t0 Citibank, NA. on an open book account for money due in the sum 0f at least $1.4] 1.98. Although demand therefore has been made. said Defendant(s). and each ofthcm. have failed and refused to pay said agreed balance. There is now due. owing and unpaid from said Defendanfls)‘ and each ()fthem. the sum OfS 1 ,4] 1.98. 24. As the sole owner 0fthe Account, Plaintiffis entitled to the sum 0f$1,4l 1.98. WHEREFORE, Plaintiff prays for judgment against Defendants, and each 0f them, as follows: AS TO AND FOR ALL CAUSES 0F ACTION: l. For the charged-off balance ofSlAl 1.98; 2. For costs of suit incurred herein; and 3. For such other and further relief as the Coun may deem just and proper. Dated; APR 2 1 2021 QUALL CARDOT LLP By P [TManhew w. Quau A Ran'cet K. Brar [ ] Tifany A. Pack [ ] Claudia Yvette Case [ ] [ng‘id V.Caero Attorneys for Plaintiff CAVALRY SPV I, LLC Complaint for Common Counts - 4 - EXHIBIT 1 (‘nnlmu ll) ('VHML’MANHINJII Ducumcnl ll) CVKMUMAAUJI‘JBOC: Dmumcnt ll): (HIUZUCV IMUJFMGI AFFIDAVIT 0F SALE OF ACCOUNT State of Missouri County of Plane Terri Bergman. being duly sworn. dcposcs and says: l am an authorized employee of Citibank. N.A. (“CBNA”) located m 5800 South Corporate Place. Sioux Falls. SD 57108 nm authorized lo make Lhc statements and representations herein and | am ovcr 18 years of age. In this position. l have access lo lhc creditor's books and records and um aware of the process of the sale of accounts and electronic storage of business records. On or about March 19. 2020, CBNA sold a pool of chargcd-ul‘f uccounls (lhc Accounts; by a Master Purchase and Sale Agreement dated March 9. 2020 and Addendum N0. | dalcd March l9. 2020 lo Cavalry SPV l, LLC. As part of the sale of lhc Accounts. ccnuin clcCIronic records wcrc transferred on individual accounts lo Lhe debt buyer. These records were kept in thc ordinary course of business of creditor. l am nol aware of nny errors in Lhc information provided about Lhc Accounts. The above slalemcnls are true lo the best of my knowledge. Signed [hisLdny of Alma] . £090 7. Terri Bch Sworn before me this l3 day of Hefl' I 19-09% . CAROLYN E HUGHES A Publb - No Soul . Sum o! m, Janka c Nolar Publ Iccurly y Commission #1l927304 9' s Commissnn Expires Jan 23. 202 (Notary Seul) My Commission Expires:_r-__J."m Cavalry 010920 I Conuncl ID; CVHMUMAAOJU‘HO Ducumcnl ID; CV8MUMAA03|920CI Documcnl ID: [)3l020CVlMU3FMGl CERTIFICATE OF CONFORMITY STATE 0F MISSOURI CITY OF KANSAS CITY The undersigned docs hereby certify lhm hc/Qis an nuomey n1 law duly admitted Io practice in Lhc Stale of Missouri and is a resident of m County. in lhc Slalc of M‘ssoum ; that hc/@is a person duly qualified lo make this certificate ofconl‘ormily pursuant lo the laws of the Stale of Missouri; that the foregoing acknowledgment by Tcwi Bergman named in lhc foregoing instrument taken before HEW. a Notary in the Slate of Missouri. was taken in the manner prescribed by such laws of Lhc Smte of Missouri, being the Stale in which il was taken; and lhal il duly conforms with such lnws and is in all respects valid and effective in such slnle. 4/43- .2030 Dme Cau|ry 010920 2 Comma ll): CVSMIMAA030920 Document lD: CVSMUMM03I920C l Documnl ID: OJIMOCVIMIBFMBI BILL OF SALE AND ASSIGNMENT April 2018 Brands Fresh Flow Accounts THIS BILL OF SALE AND ASSIGNMENT dated March l9, 2020, is by Citibank, N.A., a national banking association organized under the laws of the United States. lowed at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I. LLC, organized under the laws of the Delaware, with its headquaners/principal place of business at 500 Sunni! Lake Drive, Suite 400, Valhalla, NY l0595 ("Buyer"). For value received and subject to the terms and conditions of the Master Pmthase and Sale Agreement dated Mamh 9, 2020 and Addendum No. l dated March l9, 2020, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer. sell, assign convey, gum, bargain, set over and deliver to Buyer. and to Buyer's successors and assigns, the Accmms described in Exhibit l to the Addendum and the final electronic file. Citibank, N ' I «‘ By: .- LL 2 (Si ure) Name: Steven Dasch Title: Authorized Party (‘Ivnky 030920 l Contract 1D: CVSMUMAMBWZO Document ID: CVSMUMAAOSUZOCI Document ID: 03lOZOLVIMU3mAI Exhibit l The individual Accouns transferred are described in the final elecuonic file1M delivaed by the Bank to Buyer, the same deemed attached hereto by this reference. fl ol' Lot Sale 1D Accounts Sale Balance Cut-Ofl Date Brands 031020CV1MU3FM 03/10/2020 Fresh Flow Cavity 030920 EXHIBIT 2 655 S 34TH STREET. SPC 889 SAN JOSE CA 95116-2964 |S|DRO SANTOS Member Sinus 2015 Accuunl number ending in15589 Billing Feri00205/24/19-06I25h9 JUNE STATEMENT Mlnlmum payment due: $34.85 New balance as oi 06/25/19: $994.99 Payment due date: 07/21/19 See the back of thls statement for Important Intmmatlon aboul how Io avoid paying interest on purchase; Lat. Payment Warnlnqzlf we co not receive your mlnlmum payment Dy me date llsted above, you may have to pay a late fee o! up (o $39and your APRs may be Increased up to the Penalty APR of 29.99%. Mlnlmum Payment ernlwlf you make only the mlnlmum payment each period, you wlll pay more in interest and it wlll take you longer to pay o" your balance. For example: I! you make no additional You will pay o" tho And you wlll 0nd up charges uslnq this card balance shown on thls ylnq an estimatla and each month you pay... statement In about... otal of... Only the mlnlmum payment 7 year(s) $2,084 1,476 $41 3 Year“) ($Savinqs=$608) For inlormaNon about credit counseling servéces. call 1817-3137-8187. Pay ywr MII trom vinudlv mm." Inn mo cm Noollf App Ind CltF Onllm Io oomloaa cm Iext 'Appis' Io Mycm (692m) or 90 lo yon! device‘s app slot; 0 VISI m.fiflclfflxom oooooo Mc oo A o Account nurwet ending in 5589 ISIDno SANTOS CITI CARDS Po Box 7804s www.clklcards.comCm Sonic. 1-855-473~4583 TTY hearing impairec services only I 800 3252865 ECX 6500 SIC-UX FALLS. SD 57117 Account Summary Previous balmce $1,017.30 Paymenls $47.16 Credits 750.00 Purchases 450.00 Cash advances +$0.00 Fees +$0.00 Inlelesl 624.85 Now balance $994.99 Credit Limit Credit limit $1,000 Includes _$300casn advance nmlt Available cred! $5 CASH REWARDS SUMMARY Your Cash Rewards: $24.04 n Sn paqe 3 for morc Information about your rewards Mlnlmum payment due New balance Payment due date Amount enclosed: PHOInlx. AZ 85062'8045 $34.35 $994.99 01/21/19 www.cltlcards.com Custom Sarvlco F855473-4583 Page 2 o! 2 TTY 'hearlnq Impaired services only l 8C0 325 2865 |SIDRO SANTOS Account Summary Trans, Post d dale Descrlptlon Amount Paymams. crudlu IndAdm: 06/18 CNLINE PAYMENT. YHANK YOU $47.16 Fees charged Totll lu: charged In ml: Dllhg porbd $0.00 Interest charged Date Description Amount 06/25 INTEREST CHARGED TC ADV PR‘OS/M/IS. $7.50 06/25 TEREST CHARGED TO STANDARD PURCH $6.36 06/25 INTEREST CHARGED TO PUR PR'Oa/M/YB. $l0.99 Total Inl-rut charged h mIs Mllhq parlod SZLGS 2019 totals year-to-date Youl lees charged In 209 Total Interest chm In 20$ $21.96 $118.00 " Interest charge calculation Days In umunq cycuem ‘ Your Annual Pimenthc Rat. “Pulls the amul moves! rate on you' account Annual percent e ammo sumac: Balance typo rate (A ) to Intern“ rate lnnrut charge prCHASES Standard Purch ‘ 29.99% (v) A $234.67 (D) $636 MP” Pr 08'4'8 v ~ zsznbm ------ $48I.58(D) $10.9; ADVANC 5.5. ........ ‘ smnaara Aav 29.99% (V) $0.00 (D) soloo muQJEfiéYAIB 27.49% (V) $301.73 (D) $750 Your Annual Petcentage Rate (APR) is the annual lntere: rate on your account. APRs lollowed by (V) may vary. Balances followed Dy (D) are odermlned by the dally balance method (includlnq currem transactions). Account massages Important changes are coming to some of your Card Benefits. The tollowinq is a summaty o! cha es that are being made to your card benefits. Effective Septembet 22, 2 19, Wolldwide Car Rental Insurance. Trip Cancellation 8 Interruption Ptoleclion, Wotldwide Ttavel Accident Insurance, Citi‘ Plice Rewind, 9O Day Relum Protection, Damage 8 Theft Purchase Protection, and Extended Wananty will be discontinued and will no longer be provided f0! pmchases made on 0| altel that dale. Coverage 10! purchases made before that date will continue to be available, and you may continue to file for benefils in accordance with lhe cunenl benefit terms. We are making these changes so that we can continue providing [he key benefits ma! our customers use and value most al no additional cosl. This change requires no action on your part. If you have any questions, please call the number on the back of your card. As a cardrnember. you will continue to receive a range of othel card benefils including FICO‘ Credit Scote, CilP Identity Thell Solutions, and Citi Entertainment. For more information on card benefits, visit cardbenefils.cili.com. ©2018 Citibank, N.A. Citi. Citi with Arc Design ae registered service marks of Ciligroup Inc. CASH REWARDS SUMMARY TOTAL CASH REWARDS BALANCE: $24.04 Prevlous Balance $23.57 Earned m5 Pedod: $0.41 TotalEm 'flW $0.47 Rid.“ "B POM $0.00 EMMmm $24.04 THE TWO WAYS T0 EARN! . Cad! Bach on Porch" Ellqlble Purthases: 50,00 Cash Back on Purchases famed: $0.00 .Cam Back on Payments Eligible Payments: $47.16 Cash Back on Payments tamed: $0.47 PURCHASE TRACKER AND HOW CASH BACK ON PAYMENTS WORKS L Total Payment Made: $47.16 wit:m U!cw w b me mnlh pu- Mh-c hm! 2. Purchm Ttacller: $172.02 3. EIIquIe Payment: $47.16 4. Cash Back on Payments Earned: $0.47 5. Enulnq Purchase Ttacler: $124.86 Purchase lradel When you make a purchase, ma! amoum goes Into you! Purchase hacker. Balance transfers cash amances, lees and Interest a9 not Included. Make a paymenl and (he Purchase Hacker gels reamed by that amount. When the Pumase Tracker reaches 50‘ you won't earn cash back on payments until more purchases are made. mm? Tim toRM? Vhlt entou- w call 1-855-473-4583 Bonus (ah back may lake 1-2 bllllnq perlods lo appear on your slalemem.